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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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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Explain the term “intention” as the mens rea of a crime using decided cases to support your explanation. The Latin word mens rea‚ when translated means ‘guilty mind’ is defined in the Black’s Law Dictionary as “the state of mind that the prosecution‚ to secure a conviction‚ must prove that a defendant had when committing a crime.” Intention is ‘the purpose or design with which an act is done. It is the foreknowledge of the act‚ coupled with the desire of it‚ such foreknowledge and desire
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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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The International Criminal Court and the United States of America Ee Wenyang‚ Jonathan S8811568F I. Introduction The United States of America has a long history of support for international criminal justice that can be traced from the Nürnberg War Crimes Trial through to the International Criminal Tribunals for Yugoslavia (“ICTY”) and Rwanda (“ICTR”).[1] Towards the close of the century‚ the United States proved itself as an ardent supporter for the creation of a
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Litonjua v. L&R Corporation December 9‚ 1999 Facts: Litonjua obtained loans from L&R Corporation secured by a mortgage. Without knowledge of L&R‚ Litonjua sold to PWHAS the parcels of land they had previously mortgaged to L & R Corporation. When Litonjua defaulted in the payment of their loans‚ L & R Corporation initiated extrajudicial foreclosure proceedings and L & R Corporation was the only bidder. When L & R Corporation presented its corresponding Certificate of Sale for registration‚ it
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the whole overall subject of criminology‚ the difference amongst blue-collar and white-collar crime as well as the broad awareness of the frequency of crime occurring in the United States. The public needs to understand the different specifics of law enforcement as well as be able to differentiate between what is real and what is not. According to (Schmalleger‚ 2009)‚
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Criminal Law Foundations Evaluations University of Phoenix CJA/484 January 8‚ 2013 Introduction The United States Constitution was created to establish the new government after the colonies and early settlers broke free from the reign of England. This document established the foundation of the federal government that still stands today. The Constitution is focused on providing both liberty and prosperity to citizens of the new state (U.S. Const. pmbl.‚ 1787). In an effort to avoid
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Week 5 Individual Work Diane Emler Everest University Online CJL 3215-6 Concepts of Criminal Law William Elfo August 17‚ 2013 The Choice of Evil Defense is also called the General Defense of Necessity. This defense justifies an act that may be a crime but is done to prevent a greater evil. “the choice of evil’s defense consists of proving that the defendant made the right choice‚ the only choice—namely‚ the necessity of choosing now to do a lesser evil to avoid a greater evil” (Samaha‚ 2014). The
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THABO MELI v R Fact of the case : The defendants had taken their intended victim to a hut and plied him with drink so that he became intoxicated. They then hit the victim around the head‚ intending to kill him. In fact the defendants only succeeded in knocking him unconscious‚ but believing the victim to be dead‚ they threw his body over a cliff. The victim survived but died of exposure some time later. The defendants were convicted of murder‚ and appealed to the Privy Council on the ground that
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