codification of the Criminal Code has marked a watershed on Australian legal jurisprudence. In this essay I will discuss the problems that may occur when interpreting the Criminal Code (The Code)‚ the creation of uniformity and the also accessibility that the Code creates. The Criminal Code WA is a piece of legislation that has been passed by parliament the states that have enacted this legislation are referred to as Code jurisdictions‚ and the states that have not are known as Common Law jurisdictions
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Concept of Criminal Law -3 A criminal penalty can take many forms and must meet four criteria: it must inflict pain or other unpleasant consequences‚ be prescribed in the same law that defines the crime‚ be administered intentionally‚ and be administered by the state. What are the purposes of criminal punishment? What is burden of proof in a criminal case? Who must meet this burden of proof? Who has the burden
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PS 205 Intro to Criminal Justice January 31‚ 2013 Assignment 1 Criminal Laws In Alabama‚ Burglary is when a person knowingly enters or remains unlawfully in a building with intent to commit a crime therein. Burglary in the third degree is a Class C felony‚ which carries a minimum of 1 year and 1 day but not more than 10 years in prison‚ and fines that cannot exceed more than $15‚000 or any amount exceeding double the pecuniary gain to the defendant or loss to the victim caused by the commission
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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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CRJS205-1204A-03 Introduction to Criminal Law Unit 4 Ind. Projects September 13‚ 2012 At Dewey‚ Cheatham‚ and Howe they have dedicated a portion of their practice to helping people that have been accused of a Public Trust Offense‚ get the best legal defense possible from their team of experienced
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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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Explain the term “intention” as the mens rea of a crime using decided cases to support your explanation. The Latin word mens rea‚ when translated means ‘guilty mind’ is defined in the Black’s Law Dictionary as “the state of mind that the prosecution‚ to secure a conviction‚ must prove that a defendant had when committing a crime.” Intention is ‘the purpose or design with which an act is done. It is the foreknowledge of the act‚ coupled with the desire of it‚ such foreknowledge and desire
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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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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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