16443 March 21‚ 1921 FACTS: When Leona Laciste endeavored to set fire to the house of Martina Rivera in which 2 children of the latter were sleeping‚ the two women grappled and Leona Laciste was boloed to death by Martina Rivera. As a result‚ a criminal prosecution for murder was initiated in the Court of First Instance on La Union. DECISION OF THE LOWER COURT: Guilty of Homicide. ISSUE: Whether or not Martina Rivera is guilty of homicide. DECISION OF THE APPELLATE COURT: Judgment of
Premium Trial court Criminal law Appeal
Thesis: Pearl contributes to the theme of civil law vs natural law because she is an unruly‚ true child of the forest‚ and her character uses childish whims in order to portray the ideals of natural law‚ which in The Scarlet letter‚ the author Hawthorne depicts as a forgiving and unruly force. In the exposition of the novel‚ Pearl is characterized as a stereotypical lawless child‚ which mimics the laws of nature as a wild and honest being. In many cases‚ her behaviors caused her to be seen as
Premium Nathaniel Hawthorne The Scarlet Letter Love
historically been an important legal instrument safeguarding individual freedom against arbitrary state action. Writ of prohibition A writ of prohibition is a writ directing a subordinate to stop doing something that they may not do‚ according to law‚ but are doing. In practice‚ the Court directs the Clerk to issue the Writ‚ and directs the Sheriff to serve it on the subordinate‚ and the Clerk prepares the Writ and gives it to the Sheriff‚ who serves
Premium Law Habeas corpus United Kingdom
Extract from the 3rd Edition of Lacey‚ Wells and Quick‚ Reconstructing Criminal Law (CUP 2003) Chapter 4 II.a.i. The History of Theft William Blackstone’s Commentaries‚ written in the middle of the eighteenth century‚ represent one of the first systematic expositions of the common law. His volume on criminal offences included a substantial section on ‘offences against private property’: William Blackstone‚ Commentaries on the Laws of England 1765 Vol. IV p.230 ’Simple larciny then is the ’felonious
Premium Crime Management Criminal law
carries penalties in both the civil and criminal court. Employees who care for public funds are most likely to be given harsh punishment‚ keeping in mind the severity and repercussions of the crime. There are three major differences between civil court and criminal court in embezzlement. Firstly‚ in civil law‚ a case starts when a complaint is filed by a party‚ which may be an individual‚ an organization‚ a company or a corporation‚ against another party. “Civil fraud trials are typically started
Free Criminal law Law Crime
ATENEO CENTRAL BAR OPERATIONS 2007 Criminal Law SUMMER REVIEWER BOOK I CRIMINAL LAW – A branch of municipal law which defines crimes‚ treats of their nature and provides for their punishment. Characteristics of Criminal Law: 1. General – binding on all persons who reside or sojourn in the Philippines Exceptions: a. Treaty Stipulation b. Laws of Preferential Application c. Principles of Public International Law Ex: i. sovereigns and other chiefs of state ii. Ambassadors‚ ministers plenipotentiary
Premium Criminal law Crime
Monster Essay By: Dawn Corbett In the book Monster written by Walter Dean Myers‚ Steve Harmon is convicted of a felony murder. As a member of the jury in my eyes Steve Harmon is not guilty. Three reasoning’s behind my conviction are that they have no evidence that he was there at the time of the crime‚ there is no probable cause to link him to the crime‚ and all the evidence says he was not there. First reasoning is that they have no evidence that he was there. The only evidence that they have
Premium Criminal law Not proven Logic
Journal #6 Criminal Law May 8 2010 Chapter Eleven & Twelve Summary: Chapter Eleven: Terrorism‚ Treason‚ and Sedition The goals of those that commit crimes of terrorism are disruption of government based on ideological‚ political or religious views. They are sometimes under the direction of another government or act as a group. Treason is the only crime that is written within the Constitution. The acts required for treason are: (1)declaring war against the US (2) Joining the enemy (3)
Premium Federal Bureau of Investigation Terrorism United States
The impact of criminal law on the justice of Aboriginal and Torres Strait Islander People The criminal justice system is made up of practices and institutions of governments‚ which focus on upholding social control‚ deterring and mitigating crime‚ or sanctioning those who violate law with criminal penalties and rehabilitation efforts (Reviews 2013). Criminal law‚ as an institution of justice‚ focuses on the body of law that relates to crime (Reviews 2013). The purpose of this paper is to discuss
Premium Indigenous Australians Indigenous peoples Criminal justice
Assignment 1: Criminal law 1) Elaborate the various theories of punishment in Criminal Law (10m) There are four theories of punishments‚ namely‚ retribution theory‚ deterrent theory‚ and reformation theory. Firstly‚ a kid who falls down and kicks the floor inadvertently. Generally‚ it is believed to be a firm of taking revenge and would not serve only penal purpose. Deterrent theory by punishing the offenders deters the wrongdoer specially and deters the general public also by
Premium Crime Criminal law Criminal justice