People in society are more aware of what they think causes a person to commit a crime. These causes range from addiction, the criminal being sexually or physically abused in the past and other bad backgrounds. Criminal responsibility is a concept that forms the core of criminal law. This is what can make a person accountable for their crimes and justifies what their punishment can be if they are convicted. The notion of criminal responsibility focuses on the person’s mental...
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Criminal Law governs the society we live in by deeming what citizens living within its jurisdiction can and cannot lawfully do. Criminal Laws consists of statutes and common laws put in place by ruling governments or can based on previous case law. The laws are in place to help societies function in a fair and peaceful way and should be applied equally and if there should be a violation of a law there may be a penalty as defined by...
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Cyber law emerged as the society developed, the modern technology evolution made human progress and also gave rise to new problems which one of them is cyber criminality. As computer technology improved from accessing websites for research to communicating, making transactions, sharing and storing important data with people round the world through the internet. The computer increased our capacity to store, search, retrieve and communicate data and information which made it possible to contact anyone, anywhere and at any time...
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2011 Words
Here in Scotland we have a hybrid legal system, this means it has combined aspects of both civil and common law systems. In Scots criminal law, it is recognised that there are two different types of mitigating pleas, these are diminished responsibility and provocation. If a mitigating plea is successful, an accused’s charge will be reduced. In the case of murder, if a plea is successful it will take the charge down to culpable homicide. ‘A plea of diminished responsibility...
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This term paper is about criminal law, and how criminal law has evolved over the course of United States history. There will be real examples of how crimes such as first-degree murder are processed, and how it will affect those that are convicted. There will be a discussion on what criminal law really is, and what kinds of crimes fall under the category of criminal law. Crime will always be happening in any society because no one person is perfect....
2 Pages
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A fundamental prerequisite for conviction in criminal law is blameworthiness, meaning that a defendant must have sufficient capacity to be held criminally responsible for their actions. While men's rea accredits blameworthiness to the actus reus, there can occasionally be barriers to criminal responsibility that may make a defendant less culpable for their actions, an example being, intoxication. In this sense, blameworthiness calls into question the principle of fair labeling, which should 'represent fairly the nature and magnitude of the law-breaking',...
4 Pages
1945 Words
It is considered a crime to commit suicide in some parts of the world. Ireland has gone through the same-sex marriage referendum and abortion referendum in recent years. I believe Ireland should now concentrate on a referendum specifically focused on assisted suicide. This essay will discuss the Criminal Law (Suicide) Act of 1993 in detail. It will include the Act's point of view through the rights and liberties of the Irish Constitution and the European Convention on Human Rights. Assisted...
6 Pages
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The concept of equality requires equity to prevail. However, the history of social development is itself the past of inequality - between countries, race, culture, class, caste, faiths and sexual orientation. In between this chaos, the issue of women's rights reveals itself most prominently, cutting through all the stratums of social arrangement. In this regard, it is pertinent to quote German philosopher and social scientist Friedrich Engels who, in his classical writing 'Origin of the Family, Private Property and the...
2 Pages
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The fast-paced development of digital technology has opened a pandora’s box of new behaviours under online abuse, which negatively impacts individuals of all ages, particularly young people. The government’s task of successfully classifying online abuse as criminal offences, is becoming increasingly difficult. A topical issue is the problematic area of the criminal law surrounding ‘revenge porn’. This is defined as “the sharing of explicit or sexual, images or videos, without the consent of the person in the image”. Although the...
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This essay is going to explain and judge the rules and standards of criminal law in the light of certain guiding principles of restraint in the construction and use of the criminal law. Harm The principle of harm presents a concept of crime where a conduct must only be banned if it results in harming another person. This principle put a standard in place for what types of conducts a liberal should be able to rightly forbid. The harm principle...
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Even if none of the parties raises a claim of illegality in the course of arbitral proceedings, the tribunal might still be obliged to look into the issue sua sponte in light of its obligation to apply mandatory provisions of the law applicable to the dispute. For the arbitrators, criminal law is a mandatory rule of law. Under this scenario, tribunal’s obligation to investigate will be relevant in light of several considerations: jurisdiction, arbitrability, and enforceability of the final arbitral...
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Air pollution in the UK is regulated under various statutes. The question regarding their efficiency however, still remains debatable. Whilst most cases have been brought forward via the tort of nuisance, there are a few instances where individuals and companies have been prosecuted for environmental harm (including air pollution). Prosecutions for environmental harm are relatively new in England & Wales whilst compared to other aspects of Criminal law – it’s mainly due to the fact that some may not deem...
4 Pages
1965 Words
Civil law systems, also called continental or Romano-Germanic legal systems, are found on all continents and cover about 60% of the world. They are based on concepts, categories, and rules derived from Roman law, with some influence of canon law, sometimes largely supplemented or modified by local custom or culture. The civil law tradition, though secularized over the centuries and placing more focus on individual freedom, promotes cooperation between human beings. In their technical, narrow sense, the words civil law...
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I stand in negation of the resolution to improve the educational standards for inmates not because inmates do not deserve a second chance, but because this education will not provide them a sufficient second chance for the following two reasons: (say both bullet point titles) Just because they will have an education, that doesn’t protect them from the prejudice of employer’s. Nothing earns a trip to the trash can faster than an ex-convict’s job application displaying a past criminal record....
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According to research, gun control laws can be affective if the offender doesn’t have a single intent to kill. A single intent to kill is when the offender’s primary motive is to kill their victim. Frank Z states if the offender has a single intent to kill the offender will find an alternative weapon to kill their victims. Zimring, in his study compared the amount of fatal and nonfatal attacks that were carried out by guns to nonfatal and fatal...
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The legal defence of ‘insanity’ states that the defendant is not capable of committing a crime as the individual is not aware of the nature or the quality of the act he has committed. Insanity is establishing that the mens rae (guilty mind) was in the individual’s control and if the act was his intention at the time of the offence and not the trial. It is only available as a defence in a murder charge. Using the defence of...
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In The Court Of Appeal (Criminal Division) between: Regina, Respondant, v. Sam, Appellant Introduction This is a submission on behalf of the appellant in the matter of Regina v Sam now being appealed to the court of appeal (Criminal Division). Salient Facts On the 26th July a fire was discovered in a large field of wheat. The farm was owned by Western Foods limited but run by a tenant farmer named Adam Macey. Police arrested Sam who is Tony’s niece...
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There are two different categories of remedies available: self-help and judicial. Self-help remedies are without the involvement of the court and only available in material breach cases. Among the kinds of self-help remedies are rescission and retention. Rescission occurs when the innocent party decides not to continue with the contract and cancels it as if it never happened. If a borrower decides to cancel a loan within the rescission period, any fees paid in relation to the loan will be...
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We all know that the law of Bangladesh prescribes different punishments for different crimes. Similarly, the Code of Criminal Procedure which is called the Criminal Code. It is a law regulating criminal activities in Bangladesh. There are currently 365 sections in the CrPC. One of the controversial sections is Section 54. Section 54 basically provides for the arrest of a criminal without a warrant. Basically, in order to arrest a criminal, the first thing to do is to get an...
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Criminal records check is one step of the procedure involved in due diligence research conducted on individuals. And even though our age today is referred to as “the digital age”, digitized information may not be enough in performing a comprehensive criminal records check. Often, old-fashioned “gum shoe” techniques are required and researchers find that more often than not, they must rely on less technological means to do a criminal records check. We have heard about the so-called “nationwide” criminal records...
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This essay will introduce us the definitions of false memories and eyewitness testimonies as well as what they are and also what literature has told us about them. The aim of this essay is assessing how reliable the eyewitness testimony and explained how false memories can be created and implemented in the memory, this would also be backed by studies conducted by researchers. An eyewitness testimony is a legal expression, which refers to an occasion witnessed by any individual. For...
2 Pages
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Over the years the law on Intention and Recklessness had been under academic scrutiny and criticism for being inconsistent. Several adaptations were introduced in the evolution of the law making it more settled such as the House of Lords’ decision in Woollin, and this essay aims to address why they were not enough to eliminate the inadequacy of the English Law. Starting with the basics, in order to establish a crime both the actual conduct (Actus Reus) and the state...
3 Pages
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A Civil and Criminal case is very different, yet many individuals have a tendency to overlook that. The word litigation means resolving disputes within the court. The first difference between filing a case whether it is civil or criminal depends on who can file a case in the first place. In a criminal case, the state is the one who is represented by a district attorney or by a lawyer called a prosecutor and is the one who is the...
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Ever wonder if you are unconsciously a criminal in the different side of the world? This article is for you. We have made a list of the strangest criminal laws and what might surprise you is that, you might be one. Respect is a hard-earned word. As travelers, one thing we always bring with us is respect to the nation that we are visiting. It is important that we show camaraderie and politeness to a territory we are unfamiliar with....
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Hey Rich People, do you have money that can buy something that is not for sale? and something you shouldn’t try to buy. And Hi Powerful, do you have that much power that can place yourselves above the law? The whole scenario can be easily understood in this way we are driving a car and with us, there are the rich and powerful also driving on the same road with their cars, both driving rashly without a license (which means...
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In order to hold a defendant liable for a criminal offence, the prosecution not only bears the burden of proving the mens rea but also bears the burden of disproving any defence that can exonerate, reduce or lessen the defendant’s liability. Two such general excusatory defences that can be pleaded in relation to all crimes - insanity and intoxication - will be discussed chronologically along with comparisons and differences being drawn regarding their nature and application. The defence of insanity...
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Signed into action under the Bill Clinton Administration, the “Three Strikes Amendment” is part of an early initiative to reduce crime and the number of repetitive criminals in rural and urban areas during the early years of the 1990s. As a result, the ratification directly influenced the increase of 60 capital punishment offenses, the construction of additional prisons, the employment of 100,000 national police, and the placement of further prevention of crime efforts. (Clinton.61.9.95). In an implementation, “The Three Strikes...
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Guns into the ClassroomsMass shootings represent only 1 percent of the overall gunfire incidents that happen in or around school property. However, they disproportionately account for the highest number of deaths and injuries. Gun laws, policies, and gun culture have an evident influence on incidents of mass shootings. In addition to mass shootings, other incidents of gun violence are also being evidenced in schools at a distressing frequency. These include unintentional discharges that result in death or injuries, homicides, assaults,...
4 Pages
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Law has many different functions in society that are important in different ways. Laws can be used for many different rules and vary depending on the country, the time, and the function required by that law. Laws are fluid and do not always remain the same, however, some laws have remained the same for a long time such as murder being illegal. Different laws have different functions, with some deemed more important than others, however, they all play a role...
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Before going further, I want to ask you an interesting question. The question is: 'Suppose you are a well-known lawyer in the UK. There is a famous business personality that you admired and wanted to meet once in a lifetime. Recently, this famous personality got highlighted in one of the biggest scams that took place which led to the deterioration of the economy. He is willing to pay as much as the lawyer wants to handle this case. The businessman...
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