DEPARTMENT OF LAW " MOOT COURT MEMORIAL" written submission on behalf of counsel for prosecution MOOT
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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)
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Miller v. Alabama By Melissa Nester Criminal Law This assignment will show how in the case of Miller v. Alabama cruel and unusual punishment has been applied to the juvenile offenders who commit criminal acts but do not have the mental capacity of an adult who knows what they are doing. Juvenile offenders were being sentenced to life in prison without the possibility of parole until Miller fought to have this sentenced changed. Evan Miller‚ 14 years old was convicted of aggravated
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Insanity of Hamlet and Ophelia Hamlet’s insanity comes from his passion to get revenge and grief over his fathers death‚ while Ophelia has true and justified insanity. Hamlet has reason behind his madness‚ he is saddened by his father’s death‚ planning on how to kill his uncle‚ and his mind is in a fragile place throughout the play. Ophelia is very naive‚ defenseless‚ and loyal to the men in her life. She cannot contend with difficulties that occur during the play such as‚ her father dying
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The law generally requires that the accused possess a ‘blameworthy’ state of mind at the time the act comprising the offence was committed‚ and the basic presumption is that mens rea is required for every offence (‘actus non fit reus nisi mens sit rea’)‚ authority for which stems from Sherras v De Rutzen [1895] – “There is a presumption that mens rea … is an essential ingredient in every offence; but that presumption is liable to be displaced either by the words of the statute creating the offence
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situation. The system of law is divided in two parts including Public Law and Private Law or Civil Law. In there‚ Public Law continuously includes three other areas which are Constitutional‚ Administrative and Criminal Law. According to Griffiths (2011 p.3)‚ in Law for-Non Lawyer‚ and Criminal Law is defined as “Certain kind of wrongdoing pose such a serious threat to the good order of society that they are considered crimes against the whole community. The criminal law makes such anti-social behavior
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and rely on the defence of private defence. The defence would operate if the defendant (Bill) thought he was facing an unjust threat from the victim and to avoid such a threat used a reasonable level of force in circumstances. Section 3 of the Criminal Law Act 1967 states that ‘a person may use such force as is reasonable in the circumstances in the prevention of a crime or in effecting or assisting in the lawful arrest of offenders or suspected offenders or of persons unlawfully at large’. Thus
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released his latest dramatic tragedy known as The Crucible to the public. Arthur Miller‚ praised by critics since 1947‚ spun a thrilling tale of a village in Salem whose concept of reality was blinded by a threat -sometimes to the point of mental insanity- that did not actually exist. The plot surrounds an unforgettable series of deaths due to the witchcraft trials of the Puritans in 1692. Miller used his characters in the play to manipulate‚ lie‚ and flat out pave their own highway to social and
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The Insanity Defense Part I Outline When is the insanity plea a reasonable and ethical tool? Thesis: Although some criminals abuse the insanity plea by invoking it to escape being punished for their crimes‚ the insanity plea should nevertheless still be allowed for those with a documented record of mental illness. I. Background information on the insanity plea [the M’Naughten case] II. Abusing the insanity plea III. Importance of the insanity plea in the judicial system IV. Example of cases
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long had the power‚ in prescribed circumstances‚ to exempt an individual from criminal responsibility for actions performed while incapacitated by a mental disorder. The power (mentioned above) is inherent within “the basic principle of Canadian criminal law that to be convicted of a crime‚ the state must prove not only a wrongful act‚ but also a guilty mind” (Department of Justice‚ 4). Consequently‚ Canada’s Criminal Code has subsequently determined that citizens will not be held criminally liable
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