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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Laws are set of rules formed to maintain order and discipline in our society. Two main purposes of law are: 1. stating and elaborating our rights and responsibilities towards society‚ 2. ability to distinguish right from wrong. When a law that is existing for a long time is challenged for not serving the purposes stated above‚ then they are considered rigid. Rigid laws need to be reformed to provide flexibility. For instance‚ consider suffrage - the civil right to vote. For ages‚ women were
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To what extent is the criminal law in England and Wales clear as to when intoxication can be a defence? Should it be clearer? Introduction For hundreds of years‚ it has been assumed that individuals behave more aggressively while under the influence of alcohol. Alcohol related crimes cost the UK taxpayer £1.8 billion on average per year . However‚ society has taken an ambivalent attitude towards intoxication. Alcohol consumption is generally depicted as a puritanical
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to good sense of jury – common sense meaning of the word. What is ordinary meaning? Courts presume it is obvious….so don’t issue a definition…but widely accepted definition is: “A defendant intends a consequence if he acts with the aim or purpose of producing that consequence.” Duff’s test of failure is a good way of testing whether intention was present: Had the result not occurred‚ would the defendant have considered it a failure? YES = Intention was present However‚ this test
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attacked by someone and has been harmed. Explain what offences might have been committed upon him. Jonas was not murdered therefore his attacker has committed a non fatal offence which is dealt with in either the magistrates court or the crown court depending on the severity of the crime. Jonas ’s attacker 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
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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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LAW 209 FINAL EXAM MAY 18‚ 2012. PROF. URIEL INSTRUCTIONS: THIS EXAM IS DUE TO ME NO LATER THAN 11:59 PM ON MAY 22‚ 2012. THE EXAM IS OPEN BOOK‚ BUT YOU MAY NOT COLLABORATE WITH ANY OTHER STUDENT. THE CHAPTERS TESTED ARE SEVEN THROUGH 13. YOU ARE REMINDED TO INCLUDE ANY EXTRA CREDIT AT THE END OF THE EXAM. WRITE YOUR ANSWERS AS A SEPARATE DOCUMENT AND EMAIL THEM TO ME AT JURIEL@JJAY.CUNY.EDU QUESTION 1: Albert has long wanted to smoke Cuban and Nicaraguan cigars. Believing that it is illegal
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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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Running head: Compare and Contrast Civil with Criminal injuries Compare and Contrast Civil with Criminal injuries Nora Kelgin October 19‚ 2013 Tort Actions A tort actions is a form of civil law‚ which are intentional tort‚ torts of negligence‚ and strict liability torts‚ the vast majority of legal issues in the United State involve this‚ such as divorce‚ child custody‚ child support‚ domestic dispute‚ consumer problems‚ defamation‚ and injuries due to a person
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It is often asserted that liability for omissions is exceptional in English criminal law. How convincing is this claim? To assert that liability for omissions is ’exceptional ’ is to make two claims. If exceptional is taken simply to mean rare‚ one claim is that omissions are infrequently criminalised. However‚ if exceptional is taken to mean forming an exception then there must exist a general rule from which such an exception may depart. This claim is questionable‚ and will be explored first
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