Criminal Law and Procedure Assignment Student Name: Louiszen‚ Yip Hiu Fai Student ID: 10456052 Supposed you were the lawyer acting for Mr. Scissors Lee: 1) At the Trial of Scissors Lee‚ the prosecution would like to produce to the court the caution statements of Scissors Lee as evidence of his confession. Can you write out a list of your objections you will raise with the court to the production of the caution statement at the trial? ANS: Upon the production of the caution statement
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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
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confessions shall in all cases be conducted out of the hearing of the jury.” (Smith) 4. Define burden of proof‚ burden of going forward‚ and burden of persuasion. Burden of proof: is the accuser’s job to prove beyond a reasonable doubt (in a criminal trial) or preponderance of the evidence (in Civil Matters) that a crime has been committed and that the accused did in fact commit said crime. (Ingram pg.47) Burden of going forward: is the prosecution’s obligation to introduce prima facie evidence
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Class Syllabus College of Criminal Justice and Security CJA/384 Version 2 Criminal Organizations Course Description This course is a survey of the origins and development of organized crime in the United States. It examines the structure and activities of organized criminal enterprises‚ considers different models that have been employed to describe organized crime groups‚ and explores theories that have been advanced to explain the phenomenon. Major investigations of organized crime and
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MURDER !! DEFINITION The classic definition of murder is that of Sir Edward Coke (Institutes of the Laws of England‚ 1797): "Murder is when a man of sound memory‚ and of the age of discretion‚ unlawfully killeth within any country of the realm any reasonable creature in rerum natura under the King’s peace‚ with malice aforethought‚ either expressed by the party or implied by law‚ so as the party wounded‚ or hurt‚ etc. die of the wound or hurt‚ etc. within a year and a day after the same." For
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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
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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
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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
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entrusted with its handling and care. Embezzlement is a serious crime that 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
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MGMT 484: Exam 3 Study Guide Chapter 9 1. What is development and how does it differ from training? Development refers to formal education‚ job experiences‚ relationships‚ and assessments of personality and abilities that help employees perform effectively in their current or future job and company. [pic] 2. What are the four approaches to development? Understand the basic components of each. Formal Education Formal education programs include:
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