1 The aims and values of ‘criminal justice’ Let no-one be in any doubt‚ the rules of the game are changing. (Former Prime Minister Tony Blair‚ 5 August 2005). Key issues: • The structure of the criminal justice system • Blurring civil and criminal boundaries: ASBOs and similar • Proving guilt and innocence: burden and standard of proof • Adversarial and inquisitorial approaches • Recent trends in crime and criminal justice • Packer’s ‘due process’ and ‘crime control’ models • The human
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Criminal Law Evaluation Paper CJA/35 Criminal Law Evaluation Paper The United States Criminal Justice system revolves around Criminal Law. Criminal Law is a vital part of the criminal justice system. According to “Cornell University law School” (2010)‚ “criminal law involves prosecution by the government of a person for an act that has been classified as a crime” (Criminal Law). Criminal law characterizes crime. The procedures for the rules of trials and punishments for the offenders
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Sexual Assault Patterns‚ context‚ definitions: Law reform (’81)– Importance of feminist contributions – significant to reform of law regarding rape. Definitions: Sexual assault (NSW) Unlawful sexual penetration (Commonwealth Criminal Code) Harm – Affront to human dignity Humiliating denial of freedom and equality; Cruel invasion of human privacy (FRASER 1975) Sources of information – Official statistics Victim surveys Discrepancy reveals under-reporting: 14% reported Relationship
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questions concerning criminal justice and safety Questions Concerning Criminal Justice and Safety i. What are the specific aims & purposes of the criminal law? To what extent does the criminal law control behaviour? Do you believe that the law is too restrictive or not restrictive enough? The specific aims and purposes of criminal law is to punish criminals‚ and prevent people from becoming future criminals by using deterrence. “Having a criminal justice system that
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CHAPTER 7 – CRIMINAL LAW 7.1 Introduction The term criminal law‚ sometimes called penal law‚ refers to various rules whose common characteristic is the imposition of punishment if one fails to comply with the rules. In criminal law‚ a crime is considered as a wrong against the State. A crime may be defined as an unlawful act or an omission which is unacceptable that causes public condemnation in a form of sanction. Therefore‚ a crime is a wrong which affects the public welfare‚ a wrong for which
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Adultery • Common Law o Adultery was sexual intercourse with another’s wife o Sexual intercourse out of wedlock was punished by the church as an ecclesiastical offence • MPC o Statutes against fornication and adultery are unenforced; omitted any provisions relating to these offenses • State Statutes o State Statutes vary: Voluntary sexual intercourse between persons‚ one of whom is lawfully married to another‚ both parties being guilty Intercourse by a married person with one who is
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Introduction Criminal law is much better known to laymen than civil law‚ as a result of journalists’ reports of famous criminal trials. In talking with people about law‚ I find that they often misapply principles from criminal law to situations in civil (e.g.‚ tort) law‚ which results in their misunderstanding. They are surprised when they learn the actual legal principles that apply to a problem. The purpose of this essay is to compare and contrast criminal afnd civil law. In civil law‚ a private
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CRIMINAL LAW A Criminal Law Introduction p: 2 Role of Criminal Law p: 4 Elements of a Crime p: 4 Strict and Absolute liability p: 5 Negligence Murder p: 6 Murder – different statutory approaches p: 6-8 Elements of murder p: 8 Pre-existing susceptibility Voluntary Manslaughter p: 9-10 Provocation (and abnormality of mind‚ excessive self defence) Involuntary Manslaughter p: 11-12 Unlawful
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This essay affirms that it is possible to draw a distinction; albeit not a clear one. A distinction is important in order to avoid overlooking omissions‚ which can form a basis for criminal liability; and in the doctrine of actus novus interveniens. A clear distinction is seen in the definitions of an act and omission. When the actus reus‚ and mens rea of a crime exists – an act is an action that have caused harm to a person‚ or damage to property‚ while an omission is where an action that
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Introduction Criminal law is referred to as that branch of law concerned with crimes committed against the public authority. It is very different from civil law. An example is murder. It is very easy to put murder under civil law because it is a crime committed against another human being but the crime of murder is against the public interests. An example of civil crime is when a person does not honor a contract. Criminal law can be substantial or procedural. Substantial criminal law is concerned
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