Concept of Criminal Law -3 A criminal penalty can take many forms and must meet four criteria: it must inflict pain or other unpleasant consequences‚ be prescribed in the same law that defines the crime‚ be administered intentionally‚ and be administered by the state. What are the purposes of criminal punishment? What is burden of proof in a criminal case? Who must meet this burden of proof? Who has the burden
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PS 205 Intro to Criminal Justice January 31‚ 2013 Assignment 1 Criminal Laws In Alabama‚ Burglary is when a person knowingly enters or remains unlawfully in a building with intent to commit a crime therein. Burglary in the third degree is a Class C felony‚ which carries a minimum of 1 year and 1 day but not more than 10 years in prison‚ and fines that cannot exceed more than $15‚000 or any amount exceeding double the pecuniary gain to the defendant or loss to the victim caused by the commission
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Introduction to Criminal Law CRJS 205 Unit 1 DB My Attorney that I work for has advised the judge (the accused) to file a motion to suppress his statements. Because the arresting officers failed to read the judge his Miranda Rights thus‚ the judge’s statements were illegally obtained. I am in favor of this position‚ because the Judge made statements that may incriminate himself. This is great advise for the opposing counsel to protect his or her client‚ knowing that the prosecution is
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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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Following is an example of criminal law case that occurred in a business environment. Bio-diesel Fuel Company Titleholder Punished to 188 Months in Federal Jail for Misconducts Linked to Unlawful Fuels Scheme (Texas) Jeffrey David Gunselman is punished to 188 months in federal jail‚ and a fine of $175‚000 is charged and is ordered to pay more than $54.9 million in the case of restitution‚ following his shamefaced petition to an impeachment alleging 24 counts of money laundering‚ 51 counts of the
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Civil law and criminal law are two broad and separate entities of law with separate sets of laws and punishments. According to William Geldart‚ Introduction to English Law 146 (D.C.M. Yardley ed.‚ 9th ed. 1984)‚ "The difference between civil law and criminal law turns on the difference between two different objects which law seeks to pursue - redress or punishment. The object of civil law is the redress of wrongs by compelling compensation or restitution: the wrongdoer is not punished; he only
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could be charged with a number of non fatal offences ranging from the lowest non fatal offences which are common assault and battery under the Criminal Justice Act 1988‚ to the higher offences assault causing actual bodily harm and grievous bodily harm under the Offence Against the Person Act (1861). In order for the attacker to be charged within the criminal courts‚ the prosecution must prove the crime is ’beyond reasonable doubt ’ (Charman‚ 2010: 211). The jury must be certain the accused is responsible
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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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Concept Application of Concept to the Issue of Downloading Reference to Concept in Reading Civil Law & Criminal Law Downloading music illegally can be brought under the envelope of either the civil law or the criminal law. The individual(s) or the entity(ies) that own the property(music) can file a civil lawsuit against the website that offers music for downloading. In other case a criminal case can be brought against those who download and use the music. “Civil cases may include suits
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This essay will critically discuss the effect of the [courts’] overbroad view in reading of the element of appropriation which led to the offence of theft being interpreted as an extraordinarily wide one. Since the introduction of the Theft Act 1968 there has been inconsistency in the interpretation of appropriation as courts and commentators have grappled with the intuition that appropriation must entail some subjective element and cannot be purely objective. With the aim of moving
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