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...
Criminal Law
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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...
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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...
Criminal Law
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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,...
Criminal Law
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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...
Criminal Law
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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...
Criminal Law
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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,...
Criminal Law
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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...
Criminal Law
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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...
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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...
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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...
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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...
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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...
Criminal Law
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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...
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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...
Criminal Law
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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...
Criminal Law
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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...
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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 -...
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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...
Criminal Law
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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...
Criminal Law
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Laws are primarily made to protect the rights and freedom of the people. However, on many occasions, specific rules might lead to a surge in victimization and crime rates when used carelessly. Stand-your-ground laws allow individuals to apply lethal force for self-defense when confronted and find their lives in danger. The stand-your-ground constitution has been adopted and used differently in...
Criminal Law
432
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The debate over whether or not Stand Your Ground laws are necessary is a hefty topic. These laws, which give people the ability to defend themselves if threatened, spark lots of controversy over whether or not they are necessary. They have helped out the general people as well as involved big names and politicians in the topic. Some of the...
Criminal Law
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Self-defense In this research paper, we will explain and discuss the “Stand Your Ground” law and how it relates to “Self Defense”. As you talk about this law you must incorporate a lot of different situations and cases. As well as this law being changed or tweaked multiple times. Nowadays a lot of people don’t actually understand the “Stand Your...
Criminal Law
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Everyone wants justice to be served, and it is the obligation of the judicial system to ensure that goal is achieved. Justice involves enhancing fairness in a conflicting argument or claim. In other words, it is a just behavior or conduct in response to a situation contradictory situation. However, in most cases, people find themselves denied justice when most needed....
Criminal Law
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Gun Control: Stronger Laws Needed to Prevent Loss of Life When watching the news, it’s becoming all too common to hear the phrases “active shooter” and “mass casualty”. These types of events such as school and nightclub shootings are becoming a norm and leave many questions about how and why these types of events take place. While the media broadcasts...
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One of the reasons Socrates gives for not escaping from prison is that it would be a violation of the law. I agree with Socrates, one should never break the law, even when it conflicts with one’s sense of morality because of Socrates's idea of a social contract, as well as if the laws are disobeyed it could bring dissolution...
Criminal Law
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Since time immemorial, laws have been used to govern small communities as well as large countries. Typically, they are made in relation to human political communities, attitudes, practices, and values. They are expected to be followed and are generally viewed as a way to maintain specific moral codes of society. However, several people believe that there is morality in breaking...
Criminal Law
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