LS160-Criminal Law and Procedure BIBLIOGRAPHY A Articles/Books/Reports Hayes‚ Robert & Eburn‚ Michael‚ Criminal Law and Procedure in NSW Chesterman‚ Michael‚ Criminal Trial Juries in Australia Crimes Act 1900‚ NSW Criminal Procedure Act Legislative Council Select Committee on the partial defence of provocation – Inquiry into the partial defence of provocation‚ July 2012 B Websites www.judcom.nsw.gov.au/publications www.hcourt.gov.au www.parliament.nsw.gov.au www.lawlink.nsw.gov
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1. What is Criminal Law? Criminal law is that branch or division of law which defines crimes‚ treats of their nature‚ and provides for their punishment. 2. When did the RPC take effect? Art 1. Time when Act takes effect – This Code shall take effect on the first day of January‚ nineteen hundred and thirty two. (Jan. 1‚ 1932) 3. What are the sources of Phil. Criminal Law? a.) The RPC and its amendments b.) Special Penal Laws passed by the Phil Commission‚ Phil Assembly‚ Phil
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ACTUS REUS: OMISSION & CAUSATION The general basis for imposing liability in criminal law is that the defendant must be proved to have committed a guilty act whilst having had a guilty state of mind. The physical elements are collectively called the actus reus and the accompanied mental state is called the mens rea. It is the fundamental duty of the prosecution to prove both of these elements of the offence to the satisfaction of the judge or jury beyond reasonable doubt. In the absence
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Royal 1st. What was the common law before the making of the Act. 2nd. What was the mischief and defect for which the common law did not provide. 3rd. What remedy Parliament resolved and appointed to cure the disease. 4th. The true reason of the remedy; and then the function of the judge is to make such construction as shall supress the mischief and advance the remedy. When faced with a piece of legislation‚ the courts are required to interpret its meaning so that they can apply it to the
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ZIMBABWE INSTITUTE OF LEGAL STUDIES DIPLOMA IN APPLIED LAW Name: Laura Bandah Reg. Number: Z120117K Intake: August 2012‚ Semester 1 Course: Criminal Law and Statutory Offences Course Code: CLSO 104 Tutor’s Name: Ms L. Mhuru Question: (a) The Zimbabwean law does not normally impose liability or failure to act despite the fact that there may be compelling moral justifications for doing so. For example‚ the courts have often explained that there is no legal duty upon a stranger
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Criminal Law Evaluation Paper CJA/354 Criminal Law June 20‚ 2011 Kristin Mildenberger Abstract Criminal law is very important to the criminal justice system. Criminal law states what behavior is criminal and it gives the punishment for each crime. In this document the sources and purposes of criminal law will be discussed. The jurisdiction information will be explained in order to show how it determines where the laws are enforced and created. The differences in the adversarial system and
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CRIMINAL LAW Table of Contents CRIMINAL LAW ......................................................................................................................... 1 INTRODUCTION .................................................................................................................... 1 Historical evolution of criminal law .......................................................................................... 1 Crime – Nature and definition social & legal context – ..........
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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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A Case Study of Criminal Law Student’s Name College A Case Study of Criminal Law Criminal laws relate to the rules and regulations for handling criminal acts like social conducts‚ harming‚ threatening‚ or endangering one’s health‚ safety‚ moral and/or people’s welfare. Unlike civil laws which emphasize the dispute resolution and compensation of the victim‚ criminal laws punish the law breakers (Duff‚ 2010). Criminal law is unique and distinctive for handling crimes with potentially grave penalties
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Criminal Law Paper Gaby Rielle CJA/354 Criminal Law August 12‚ 2014 Mendi Leigh Criminal Law Paper Maryland v. King‚ 569 U.S.‚ on June 3‚ 2013 the United States Supreme Court ruled that it is not a violation of the fourth amendment right by having your DNA swabbed while being booked into a detention facility. And that a simple swab on the inner cheek was no different than taking a photo or being finger printed during the booking process. This case came to be after an individual was arrested
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