Criminal Law Outline Justifications of Punishment 1. Consequentialist Theory a. Actions are morally right if and only if they result in desirable outcomes b. Rely on theory of utilitarianism to justify punishment: Forward looking effects of punishment. General deterrence‚ specific deterrence‚ rehabilitation‚ incapacitation 2. Nonconsequentialist Theory c. Actions are morally wrong in themselves‚ regardless of the consequences d. Theory of Retributivism: look back
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Criminal Law – 4th November 2014 Diminished Responsibility Genealogy of Diminished responsibility Ireland Infanticide Act 1949 AG v O shea . Jury wanted to add rider to verdict. Rejected by court at time. Doyle v Wicklow CC 1974. Person doesn’t have will power to say no. Not accepted in England but accepted in Ireland. DPP v Joseph o mahony. 1985 . Argument denied by court. Henchy Committee 1978- recommendation. Criminal law (insanity) act 2006. Not guilty by insanity but their sentence
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Barton V Armstrong (1976) ac 104 Armstrong and Barton both worked in Landmark Corporation ltd. as the chairman and managing director respectively. Armstrong holding the majority shares in the public company. For an expanded period of time there had been a large amount of adversity between the parties. Armstrong’s belligerent behaviour resulted in Barton and two other directors becoming gravely discontent with his behaviour and his great mistreatment of several
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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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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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the ending of Die Brucke in 1913 another similar artistic group was formed in 1911‚ Der Blaue Reiter (The Blue Rider). They were a group of bold thinking artists living in Munich. The founders were Russian born Wassily Kandinsky (Kandinsky) and German‚ Franz Marc (Marc). They had originally been part of and founded the New Artist Association or the Neue Kunstler Vereiningung.The reason for the name Der Blaue Reiter is not really known but it is thought to have been a combination of Marc’s love for
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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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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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Civil law is concerned and deals with the relationship between individuals and relates to civil rather than criminal wrongs with the aim of compensating the suing party for such wrongs (Gibson‚ Rigby‚ Ryan & Tamsitt‚ 2001‚ p28.1). A civil action is generally brought by the party who has been injured or otherwise suffered some form of loss as the result of a wrong which only directly affected him (e.g. trespassing into private property). When a civil law is broken‚ legal action is brought by an individual
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