fundamental in criminal law. Ashworth and Blake consider that out of 540 serious offences dealt with in Archbold‚ 123 had a strict liability element. They comment that if parliament is free to impose strict liability when it wants to then the presumption of innocence rings hollow. There are also many other cases that show that imposing strict liability may cause unjust and harsh decisions‚ and in many cases it is unclear whether an offence is considered to be a strict liability offence. These cases include;
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and seizures‚ shall not be violated‚ but upon probable cause.” This is unreasonable search and seizure‚ breaching the 4th amendment protections against such abuse. This treats people like they are guilty until proven innocent‚ reversing the presumption of innocence which is the basis of our democratic society (Norris‚ n.d.‚ para
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ASSIGNMENT UNIT 8 – DIFFERENCES BETWEEN CIVIL AND CRIMINAL LAW [Your Name] [Professor Name] [Course Number & Course Name] [University/ College Name] Good day readers. Thru this essay‚ I will try to explain and point out the differences between Civil and Criminal Cases. The legal system used in the United States is based on common law and is divided into criminal law and civil law. The Civil law and Criminal law are two broad and separate entities of law with separate sets of laws
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Criminal Procedure Policy “The Constitution of the United States was ordained; it is true‚ by descendants of Englishmen‚ who inherited the traditions of English law and history; but it was made for an undefined and expanding future‚ and for a people gathered and to be gathered from many nations and of many tongues” (Zalman‚ 2008 PG 1). —Justice Stanley Matthews “Criminal procedure deals with the set rules governing the series of proceedings through which‚ the government enforces substantive criminal
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Article III: BILL OF RIGHTS Bill of Rights : Section 1-11 : RIGHTS of the PEOPLE Section 12-22 : RIGHTS of the ACCUSED Section 13. ‘‘Right to bail’’ BAIL To relieve an accused from imprisonment until his conviction and yet secure his appearance at the trial. The right to bail is granted because in all criminal prosecutions‚ the accused is presumed innocent. May be in form of cash‚ property bond‚ secured from a surety company. Who are entitled to bail? All persons ACTUALLY DETAINED
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2014/10/3 Criminal Law Hanif Mughal (麥 嘉 豪 ) Adjunct Associate Professor ( 兼任教授) Barrister-at-law ( 大律師 ) DLS 2 BRIEF - Lecture 1 (A).General Introduction (B). What is a crime? (C). Principles of Criminal Liability Chapters 1‚ 2 and 4 of the Workbook and some additional information 2 (A) General Introduction 1.General Principles. 2. Law regulates conduct in society. 3. Division of Law into civil and criminal law. 4. Civil Law – disputes between individuals. 3 1 2014/10/3 5. Criminal
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At that juncture‚ the CBI( CDI in the movie)‚ takes over the investigation. The new team conducted a sonic inspection of the room of the Doctors with the AC switched on‚ and found that it was impossible to hear voices from outside. The local police had omitted to properly examine the room of Hemraj‚ where a bottle of beer and two glasses were left. Hemraj was a teetotaller‚ and there were clear indications from the room that at least three persons had assembled IN THE ROOM on the fateful night to
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Republic of the Philippines SUPREME COURT Manila SECOND DIVISION G.R. No. 137567 June 20‚ 2000 MEYNARDO L. BELTRAN‚ petitioner‚ vs. PEOPLE OF THE PHILIPPINES‚ and HON. JUDGE FLORENTINO TUAZON‚ JR.‚ being the Judge of the RTC‚ Brach 139‚ Makati City‚ respondents. BUENA‚ J.: This petition for review‚ filed under Rule 45 of the 1997 Rules of Civil Procedure‚ seeks to review and set aside the Order dated January 28‚ 1999 issued by Judge Florentino A. Tuazon‚ Jr. of the Regional
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UNIVERSITY OF NAIROBI FACULTY OF LAW TAPE RECORDED LECTURES THE LAW OF EVIDENCE LLB II 2003 LAW OF EVIDENCE Lesson 2 RELEVANCE & ADMISSIBILITY RES GESTAE ‘Res Gestae’‚ it has been said‚ is a phrase adopted to provide a respectable legal cloak for a variety of cases to which no formula of precision can be applied’. The words themselves simply mean a transaction. Under the inclusionary common law doctrine of Res Gestae‚ a fact or opinion which is so closely associated in time‚ place
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Dr Zakaria Erzinçlioglu (2006‚ p. 14) states that “the techniques of forensic science are the techniques of reconstructing the past.” The ability to reconstruct the past enables the jury and the judge to properly establish the guilt or innocence of the accused with supporting evidence. In the Crimes (Forensic Procedures) Act 2000 (NSW)‚ this legislation aims to regulate the manner in which forensic samples are obtained and ensures the state’s responsibility to enforce the law does not impinge
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