Purposes of Criminal Law Introduction The question as to what the criminal law aims to accomplish is one that cannot be easily answered as criminal law has a wide variety of purposes that work individually to manage different aspects of society. These purposes are split into two categories‚ instrumental and non-instrumental that together aim to accomplish a healthy balance between justice and equality for both criminals and citizens (Daly 2012‚ 390). In saying that‚ criminal law does serve a number
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Herring What is Crime? • Is it possible to define a crime? o Wide range of conduct can be the basis for criminal offences. Can a definition of ‘crime’ be found which includes all of these offences? • L Farmer “Definitions of Crime” o There is no simple and universally accepted definition of crime in the modern criminal law o Most actions are only criminal because there is a law that declares them to be so- so this must be the starting point for any definition o 2 main categories; MORAL
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Answers * Assess the modern approaches to the definition of ’intention’ in English criminal Law -look at hierarchy of fault elements‚ intention v recklessness‚ foresight and intention 1) For some offences prosecution must prove BRD that the accused intended a particular consequence. ie murder‚ intention to kill/GBH ‚ recklessness will not suffice 2) also in OAPA 1861‚ s18 intention alone suffices ‚ intent to wound/GBH 3) there is no stat definition of intention. Its meaning is found
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CIVIL CASE AND CRIMINAL CASE Civil Cases A civil case begins when a person or entity (such as a corporation or the government)‚ called the plaintiff‚ claims that another person or entity (the defendant) has failed to carry out a legal duty owed to the plaintiff. Both the plaintiff and the defendant are also referred to as "parties" or "litigants." The plaintiff may ask the court to tell the defendant to fulfill the duty‚ or make compensation for the harm done‚ or both. Legal duties include respecting
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Monster Essay By: Dawn Corbett In the book Monster written by Walter Dean Myers‚ Steve Harmon is convicted of a felony murder. As a member of the jury in my eyes Steve Harmon is not guilty. Three reasoning’s behind my conviction are that they have no evidence that he was there at the time of the crime‚ there is no probable cause to link him to the crime‚ and all the evidence says he was not there. First reasoning is that they have no evidence that he was there. The only evidence that they have
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Criminal Justice Administration Capstone Barbara Mitchell CJA/484 September 17‚ 2012 Shomari Gilford Abstract Laws tend to make the lives of every individual safer and pleasant. The subject of this paper focuses on evaluating and identifying the Constitutional safeguards within the 4th‚ 5th‚ and 6th amendments of the United States Constitution. How these safeguards to the 4th‚ 5th‚ and 6th amendment will apply to juvenile and adult court proceedings. Finally‚ this paper will focus the impact
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Criminal Conduct and Criminal Law Jessica Dorsey LEG 320 July 25‚ 2014 Strayer University CRIMINAL CONDUCT AND CRIMINAL LAW Actus rea and mens rea are both important elements to convicting anyone for any crime. The actual commitment of a criminal act is actus rea. The guilty or criminal mind state is mens rea. Despite the fact that both actus rea and mens rea do not have to exist a conviction is still very feasible. When a criminal act is committed and the individual
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their medical care. For this freedom to be meaningful‚ people must have the right to make choices that accord with their own values regardless of how unwise or foolish those choices may appear to others.”[2] R v Blaue[3]‚ a famous causation case in criminal law‚ brings to foreground a thought-provoking debate about whether an individual’s religious beliefs and other psychological values could be included in the ‘thin skull’ rule and whether the refusal to take lifesaving medical treatment breaks the chain
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LONDON 265 0010 ZA 269 0010 ZA 277 0101 ZA DIPLOMA IN LAW LLB EXAMINATION for External Students INTERMEDIATE EXAMINATION (Scheme A) FIRST AND SECOND YEAR EXAMINATIONS (Scheme B) GRADUATE ENTRY LEVEL I (Route A) GRADUATE ENTRY FIRST YEAR (Route B) BSc DEGREES for External Students MANAGEMENT WITH LAW‚ LAW WITH MANAGEMENT‚ ACCOUNTING WITH LAW AND LAW WITH ACCOUNTING FOR STUDENTS IN THE EXTERNAL PROGRAMME Criminal Law Wednesday 13 May 2009 : 10.00 - 1.15 pm Candidates will
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Criminal Law Outline Justifications of Punishment 1. Consequentialist Theory a. Actions are morally right if and only if they result in desirable outcomes b. Rely on theory of utilitarianism to justify punishment: Forward looking effects of punishment. General deterrence‚ specific deterrence‚ rehabilitation‚ incapacitation 2. Nonconsequentialist Theory c. Actions are morally wrong in themselves‚ regardless of the consequences d. Theory of Retributivism: look back
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