2000 CASE DIGESTS C R I M I N A L L A W SUMMARY OF DOCTRINES JUSTIFYING CIRCUMSTANCES Self-Defense The invocation of self-defense is an admission of the killing and its authorship. By this admission‚ the burden of proof shifts to the accused who must establish all elements of the justifying circumstance. The nature and number of wounds inflicted disprove the plea of self-defense because they demonstrate determined effort to kill and not just defend himself. (People v. Magayac
Premium Criminal law Rape
‘Thinking About Crime’ What are the main strengths and weaknesses of official crime statistics and victimisation surveys? Looking at Crime Statistics and Victimisation Surveys can be very helpful when looking at the rates in which crimes are committed and the annual crime rate throughout the UK. This essay will cover the strengths and weaknesses of Official Crime Statistics and Victimisation Surveys. This will show if the strengths and weaknesses contradict each other. Presented within this
Premium Crime Criminology
CASE DOCTRINES AND ADDITIONAL NOTES CRIMINAL LAW II (Culled from Florenz Regalado’s Conspectus and Ortega’s Notes) Article 114. TREASON ➢ “The details of the testimony on the acts testified by witnesses need not be identical” (People vs. Abad) ➢ “The two-witness rule is not required to prove adherence to the enemy” (People vs. Alitagtag) ➢ “Treason absorbs crimes committed in the furtherance thereof” (People vs. Villanueva) ➢ “Righteous Action‚ as when the collaborator also
Premium Crime Crimes Treason
Criminal Law and Procedure Assignment Student Name: Louiszen‚ Yip Hiu Fai Student ID: 10456052 Supposed you were the lawyer acting for Mr. Scissors Lee: 1) At the Trial of Scissors Lee‚ the prosecution would like to produce to the court the caution statements of Scissors Lee as evidence of his confession. Can you write out a list of your objections you will raise with the court to the production of the caution statement at the trial? ANS: Upon the production of the caution statement
Premium Crime Arrest Criminal law
16443 March 21‚ 1921 FACTS: When Leona Laciste endeavored to set fire to the house of Martina Rivera in which 2 children of the latter were sleeping‚ the two women grappled and Leona Laciste was boloed to death by Martina Rivera. As a result‚ a criminal prosecution for murder was initiated in the Court of First Instance on La Union. DECISION OF THE LOWER COURT: Guilty of Homicide. ISSUE: Whether or not Martina Rivera is guilty of homicide. DECISION OF THE APPELLATE COURT: Judgment of
Premium Trial court Criminal law Appeal
confessions shall in all cases be conducted out of the hearing of the jury.” (Smith) 4. Define burden of proof‚ burden of going forward‚ and burden of persuasion. Burden of proof: is the accuser’s job to prove beyond a reasonable doubt (in a criminal trial) or preponderance of the evidence (in Civil Matters) that a crime has been committed and that the accused did in fact commit said crime. (Ingram pg.47) Burden of going forward: is the prosecution’s obligation to introduce prima facie evidence
Premium Jury Legal burden of proof Trial
Criminal Justice Trends Evaluation CJA 394 Criminal Justice Trends Evaluation The criminal justice system is an essential aspect of American society as well as the Constitution and the Bill of Rights. The purpose of laws is to protect society from harm‚ ensure everyone’s safety‚ and equally treated. The criminal justice system works to protect the innocent and punish the guilty without violating the rights the criminal suspect to avoid any injustices. As society evolves the criminal justice
Premium
MURDER !! DEFINITION The classic definition of murder is that of Sir Edward Coke (Institutes of the Laws of England‚ 1797): "Murder is when a man of sound memory‚ and of the age of discretion‚ unlawfully killeth within any country of the realm any reasonable creature in rerum natura under the King’s peace‚ with malice aforethought‚ either expressed by the party or implied by law‚ so as the party wounded‚ or hurt‚ etc. die of the wound or hurt‚ etc. within a year and a day after the same." For
Free Criminal law Law Murder
Extract from the 3rd Edition of Lacey‚ Wells and Quick‚ Reconstructing Criminal Law (CUP 2003) Chapter 4 II.a.i. The History of Theft William Blackstone’s Commentaries‚ written in the middle of the eighteenth century‚ represent one of the first systematic expositions of the common law. His volume on criminal offences included a substantial section on ‘offences against private property’: William Blackstone‚ Commentaries on the Laws of England 1765 Vol. IV p.230 ’Simple larciny then is the ’felonious
Premium Crime Management Criminal law
historically been an important legal instrument safeguarding individual freedom against arbitrary state action. Writ of prohibition A writ of prohibition is a writ directing a subordinate to stop doing something that they may not do‚ according to law‚ but are doing. In practice‚ the Court directs the Clerk to issue the Writ‚ and directs the Sheriff to serve it on the subordinate‚ and the Clerk prepares the Writ and gives it to the Sheriff‚ who serves
Premium Law Habeas corpus United Kingdom