Criminal and Civil Law Joanne Lorenz PL1110 January 8‚ 2012 Deborah Perez Izquierdo Criminal and Civil Law The first of two different types of Law in New York State is Homicide or the capital murder statute‚ according to lexus nexus Designed as a capital murder statute‚ N.Y. Penal Law § 125.27 begins with intentional murder as its predicate. The statute goes on to list 13 aggravating factors (including factor vii‚ which generally tracks felony murder
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Adultery • Common Law o Adultery was sexual intercourse with another’s wife o Sexual intercourse out of wedlock was punished by the church as an ecclesiastical offence • MPC o Statutes against fornication and adultery are unenforced; omitted any provisions relating to these offenses • State Statutes o State Statutes vary: Voluntary sexual intercourse between persons‚ one of whom is lawfully married to another‚ both parties being guilty Intercourse by a married person with one who is
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Amanda Prieto Bus 233-004LY Criminal Law Essay 10/14/11 Obligations and Rights As what I have read‚ the obligations and rights in reference to criminal law‚ every case is different. The most common cases when defending oneself against a criminal charge are “I didn’t do it” and “I did it but I shouldn’t be held responsible.” In one of the defenses of a criminal charge‚ there is one topic where people are innocent until proven guilty. It is an actual presumption where the judge and jury assume
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Criminal Law 2 Homicide 1. Murder a. Actus i. Act or omission must have caused the death (s 18(1)(a) CA) b. Mens i. No punishment shall be incurred by person who kills by misfortune only (s 18(2)(b)) ii. Intention to kill or inflict GBH(s 18(1)(a)) 1. Requirement that D has actual awareness of consequences of actions (Aiton) 2. Subjective test: Conscious purpose‚ decision not desire (Hyam) 3. Foresight of certainty (Woollin) 4. Knowledge of chance of consequences fulfils malice requirement
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means the killing of a human being [Irving‚ Shae‚ ed (2009) and may be lawful – where‚ for example‚ fatal force was necessary to defend oneself. The two most important offences of unlawful homicide are murder and manslaughter. Although both are common law offences‚ elements of murder and manslaughter have been modified by Acts of Parliament and the penalties for each are statutory. Until 1957‚ murder (the more serious of the two offences) was a capital offence – that is‚ a sentence of death automatically
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Christopher Criminal Law Professor James Barney Statutory Rape Introduction Statutory rape is usually defined by the state law concerned. However‚ statutory rape is distinguished from other forms of rape in that the victim must necessarily be below the age of consent and that lack of consent is not a requisite to the crime on the common understanding that a person below a certain age lacks the capability to give an informed consent. Prior to the development of modern statutory rape laws‚ statutory
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Introduction and Overview The aim of this case is to present a contemporary criminal case. The case must have occurred in the last ten years. It must be an indictable offence‚ a more serious criminal charge where the defendant has the right to trial by jury and has been found guilty. The analysis of the case will be carried out through the extent which the law balances the rights of victims and offenders. The case which I have chosen is a major indictable offence of Murder and Manslaughter- starvation
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Sexual Assault Patterns‚ context‚ definitions: Law reform (’81)– Importance of feminist contributions – significant to reform of law regarding rape. Definitions: Sexual assault (NSW) Unlawful sexual penetration (Commonwealth Criminal Code) Harm – Affront to human dignity Humiliating denial of freedom and equality; Cruel invasion of human privacy (FRASER 1975) Sources of information – Official statistics Victim surveys Discrepancy reveals under-reporting: 14% reported Relationship
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MCQs in Criminal Law Choose the best answer. 1. Sailor Kriseth is a merchant ship registered in Puerto Rico and owned by Seta Alcantara‚ a Filipino citizen. The Captain of the Ship is Captain Amerigo who is an American citizen. While passing through Laguna bay‚ the ship was searched by customs officials and they found 10 kilos of prohibited drugs. The owner and the captain of the ship were charged in the Regional Trial Court for possession of illegal drugs. Does the Philippine Courts have
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Criminal Law‚ 26/04/11‚ Dr.Filletti Theft No definition of the offence of theft; Carrara gives us a definition which has been taken up by our courts‚ “The malicious taking of an object belonging to others without the owner’s consent with the intent to make gain.” This is the definition which our court uses‚ our law simply creates one distinction for these offences. The law creates two types of theft: Simple Theft and Aggravated Theft. Simple Theft: First element is “contrectazio” this is the taking
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