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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Answers * Assess the modern approaches to the definition of ’intention’ in English criminal Law -look at hierarchy of fault elements‚ intention v recklessness‚ foresight and intention 1) For some offences prosecution must prove BRD that the accused intended a particular consequence. ie murder‚ intention to kill/GBH ‚ recklessness will not suffice 2) also in OAPA 1861‚ s18 intention alone suffices ‚ intent to wound/GBH 3) there is no stat definition of intention. Its meaning is found
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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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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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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 assault causing actual bodily harm and grievous bodily harm under the Offence Against the Person Act (1861). In order for the attacker to be charged within the criminal courts‚ the prosecution must prove the crime is ’beyond reasonable doubt ’ (Charman‚ 2010: 211). The jury must be certain the accused is responsible
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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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Concept Application of Concept to the Issue of Downloading Reference to Concept in Reading Civil Law & Criminal Law Downloading music illegally can be brought under the envelope of either the civil law or the criminal law. The individual(s) or the entity(ies) that own the property(music) can file a civil lawsuit against the website that offers music for downloading. In other case a criminal case can be brought against those who download and use the music. “Civil cases may include suits
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Criminal law is worried about direct that is hostile to society in general. Common law relates basically to the obligations of private natives to each other. In common cases the question are normally between private people‚ despite the fact that the legislature may in some cases be a gathering in a common suit. Criminal cases dependably include government indictment of a person for an affirmed offense against
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This essay will critically discuss the effect of the [courts’] overbroad view in reading of the element of appropriation which led to the offence of theft being interpreted as an extraordinarily wide one. Since the introduction of the Theft Act 1968 there has been inconsistency in the interpretation of appropriation as courts and commentators have grappled with the intuition that appropriation must entail some subjective element and cannot be purely objective. With the aim of moving
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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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