CASE DOCTRINES AND ADDITIONAL NOTES CRIMINAL LAW II (Culled from Florenz Regalado’s Conspectus and Ortega’s Notes) Article 114. TREASON ➢ “The details of the testimony on the acts testified by witnesses need not be identical” (People vs. Abad) ➢ “The two-witness rule is not required to prove adherence to the enemy” (People vs. Alitagtag) ➢ “Treason absorbs crimes committed in the furtherance thereof” (People vs. Villanueva) ➢ “Righteous Action‚ as when the collaborator also
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‘Thinking About Crime’ What are the main strengths and weaknesses of official crime statistics and victimisation surveys? Looking at Crime Statistics and Victimisation Surveys can be very helpful when looking at the rates in which crimes are committed and the annual crime rate throughout the UK. This essay will cover the strengths and weaknesses of Official Crime Statistics and Victimisation Surveys. This will show if the strengths and weaknesses contradict each other. Presented within this
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immediately the car was sold to him. Having to hear that the car was already been sold‚ the plaintiffs wish to sue Defendant for breach of contract. This will depend on whether there is a valid contract formed in each respective case. Rules/Principle The law of contract: There must be a legally binding contract between two or more parties. On
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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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Assignment 1: Criminal law 1) Elaborate the various theories of punishment in Criminal Law (10m) There are four theories of punishments‚ namely‚ retribution theory‚ deterrent theory‚ and reformation theory. Firstly‚ a kid who falls down and kicks the floor inadvertently. Generally‚ it is believed to be a firm of taking revenge and would not serve only penal purpose. Deterrent theory by punishing the offenders deters the wrongdoer specially and deters the general public also by
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Assignment 3: Riggs v. Palmer For this assignment we ask you (1) to give a summary of argumentation in the Opinion of the Court and in the Dissenting Opinion (2) to evaluate these two opinions and (3) to give your opinion on Dworkin’s analysis of the decision and his theory about legal principles (and try to relate Dworkin’s theory to Schauer’s analysis of the formal aspect of legal reasoning). (1) The opinion of the court decided that it could never have been the intention of the legislature
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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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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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e Canadian Charter of Rights and Freedoms‚ patriated in 1982‚ is arguably the most fundamental base of law that exists in Canada. Section 2 of the Charter‚ also known as the Fundamental Freedoms‚ is a crucial part of the Charter because it protects citizens and gives them the freedom to follow and practice their own religion‚ have their own beliefs and opinions‚ express themselves as they wish and gather in peaceful assemblies (Jobb). Section 2(b) of the Charter‚ also known as the “freedom of expression”
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