Chapter 5 Criminal Law 1. What kind of strike does the law not allow to form the basis of self-defense claims? d. Preemptive Correct Question 2 The castle exception is an exception to what doctrine? a. the retreat doctrine Question 3 Which of the following cases involves the “New York Subway Vigilante?” c. People v. Goetz (1986) Correct Question 4 Most defenses are perfect defenses; if they’re successful‚ defendants are c. acquitted. Question 5 The retreat requirement is weakest or
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relationship between what society believes is important and worth protecting and how it is reflected in criminal law can be described in many ways. Society in general views actions such as murder‚ rape‚ robbery or even burglary as an act‚ evil in nature‚ public or of moral principles. These actions are considered to be Malum in se. Laws which are viewed as Malum prohibitum‚ consist of acts banned by laws such as speeding‚ drug use‚ or even prostitution. These acts are seen as regulatory infractions‚ more
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In R. v. Malmo-Levine; R. v. Caine‚ the court held that the harm principle is not a principle of fundamental justice for the purposes of Section 7 of the Charter. Explain the harm principle and the court ’s reasons for rejecting it. Did the court reach the right decision in holding that the authority of the Canadian state is not limited by the harm principle? Why or why not?In his essay "On Liberty"‚ John Stuart Mill explains the importance of one ’s liberty and gives his opinion on how society and
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Monster Essay By: Dawn Corbett In the book Monster written by Walter Dean Myers‚ Steve Harmon is convicted of a felony murder. As a member of the jury in my eyes Steve Harmon is not guilty. Three reasoning’s behind my conviction are that they have no evidence that he was there at the time of the crime‚ there is no probable cause to link him to the crime‚ and all the evidence says he was not there. First reasoning is that they have no evidence that he was there. The only evidence that they have
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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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MENS REA Mens Rea is described as "A guilty mind; a guilty or wrongful purpose; a criminal intent; Guilty knowledge and willfulness". [2] In criminal law it is the basic principle that a crime consists of a mental element and a physical element. A person’s awareness of the fact that his or her conduct is criminal is the mental element‚ and actus reus’ (the act itself) is the physical element. The concept of Mens Rea started its development in the 1600s in England when judges started to say that
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1. CLASSIFICATION OF CRIMES AND PROOF: 1.1 Structure of Criminal Law in Australia: There is no one set of criminal laws in Australia. Criminal laws at both State and Commonwealth levels operate in parallel with each other. 1.1.1 Commonwealth criminal law: • The Commonwealth can only make laws in relation to those powers it is given under the Constitution‚ therefore‚ any criminal law made by the Commonwealth has to be justified under a power in the Constitution. • The Federal Government does
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CIVIL CASE AND CRIMINAL CASE Civil Cases A civil case begins when a person or entity (such as a corporation or the government)‚ called the plaintiff‚ claims that another person or entity (the defendant) has failed to carry out a legal duty owed to the plaintiff. Both the plaintiff and the defendant are also referred to as "parties" or "litigants." The plaintiff may ask the court to tell the defendant to fulfill the duty‚ or make compensation for the harm done‚ or both. Legal duties include respecting
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DIFFERENCES BETWEEN CIVIL AND CRIMINAL LAW [Your Name] [Professor Name] [Course Number & Course Name] [University/ College Name] Good day readers. Thru this essay‚ I will try to explain and point out the differences between Civil and Criminal Cases. The legal system used in the United States is based on common law and is divided into criminal law and civil law. The Civil law and Criminal law are two broad and separate entities of law with separate sets of laws and punishments‚ but a case
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breaking a law makes a criminal? To judge whether breaking a law makes a criminal‚ first we must define the terms law and crime. Every society makes and enforces laws that govern the conduct of the individuals. Without law we cannot live. Laws maximizes our individual right‚ facilitate the orders of our society‚ and it keeps peace in our civilization. The violation of those duties that he or she owes to society and for the breach of which the law provides is defined as a crime. Breaking the law does not
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