Criminal Law Evaluation Paper CJA/354 Criminal Law June 20‚ 2011 Kristin Mildenberger Abstract Criminal law is very important to the criminal justice system. Criminal law states what behavior is criminal and it gives the punishment for each crime. In this document the sources and purposes of criminal law will be discussed. The jurisdiction information will be explained in order to show how it determines where the laws are enforced and created. The differences in the adversarial system and
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R v David Harris ADVICE TO A CLIENT This advice is directed to my client‚ Mr David Harris‚ on account of two criminal charges put against him. The first charge is for assault occasioning actual bodily harm contrary to s. 47 of the Offence Against the Person Act 1861 The second charge constitutes of wounding or causing grievous bodily harm (GBH) with intent‚ contrary to s. 18 of the OAPA 1861. The initial part of this advice relates to Mr David ’s first charge; of assault against
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R v Keegstra 3S.CRD.697 (1990) Issue James Keegstra was a high school teacher at Alberta for 12 years. While teaching‚ he informed the students that the Jews had various evil qualities. Keegstra told the students that the Jews “created the Holocaust to gain sympathy”. Keegstra also claimed‚ that Jewish people wanted to destroy Christianity and that the Jews goal was to create war and revolution. As a result of this propaganda act Keegstra was dismissed. However‚ Keegstra brought his case to the
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Criminal Law Kiaira Knox 3.14.13. Criminal law addresses the government’s prosecution of individuals who have committed an act classified as a crime. Federal‚ state‚ and local governments categorize crime and prosecute criminals. This is the nature and purpose of law. Without laws‚ people wouldn’t know what to do. The rule of law is the belief that an orderly society must be governed by established principles (laws) and applied fairly to all of its members (basically stating that no one is
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Gordon Philosophical Foundation Professor Novich Characteristics of the Criminal Law Criminal behavior is behavior that goes against societies norms and the laws of the people. These laws are put in place to protect the people and their property. The laws are usually enforced by a law enforcement agency and punishment issued by a judicial system. There are several different characteristics that make up a body of law. Sutherland and Cressey (1974) states‚ “ the characteristics which distinguish
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R v Brown [1994] 1 AC 212 is a case most law students could tell you the facts of even years after graduating‚ so remarkable are they. The House of Lords‚ by a 3–2 majority‚ decided that the consensual infliction of harm on another person for sexual gratification was not an act the law should permit. The judgment has received criticism in some academic circles because‚ it is thought‚ if the facts had been different and involved heterosexual sadomasochistic activity it would have been found lawful
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civil commitment of the mentally ill criminals in the state of South Carolina. I will also try and provide summaries of the statutes that are used in South Carolina‚ how often they are used‚ the success rate and what the critics think about this law. In today’s Justice System‚ more often than not criminals that get caught think the first thing and that is to plead insanity. Most offenders are repeat offenders. With the repeat offenders they seem to know the law and yet they still decide to break
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elements of law which are Actus Rea and Mens Rea. Actus Rea (a/r) Actus Rea is the physical element of a crime which is basically what the defendant has done and not done. Actus Rea can be: Voluntary act A failure to act A state of affairs An act (Voluntary Act) The act must be voluntary part of the defendant. For the defendant to execute the a/r they must have physically acted upon the crime. If the defendant has no control his actions then he has not technically committed the a/r. Case:
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Bryett‚ Keith; Craswell‚ Emma; Harrison‚ Arch & Shaw‚ John. (1993). An introduction to policing: Vol. 1: Criminal justice in Australia. Sydney: Butterworths. Ch. 2. "Formal and informal methods of social control"‚ pp. 8-14. Formal and Informal Methods of Social Control Informal Control: The Socialisation Process Ii’OllltllllA lIN)) INIi’OllltllIIA ltllrrHOnS Oli’ ’Society’ is a broad term which ’includes aggregate groups within a geographically delineated nation state’ (Najman 1988:
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West Indian Reports/Volume 19 /R v Worrell - (1972) 19 WIR 180 (1972) 19 WIR 180 R v Worrell COURT OF APPEAL OF BARBADOS DOUGLAS CJ‚ WARD AND WILLIAMS JJ 29 MARCH 1972 Criminal Law - Standard of proof - Directions to jury - Jury told that before there can be a verdict of guilty‚ the prosecution must make the jury feel sure that the verdict is the right one - Imprecise. Criminal Law - Defence of automatism - Unsworn statement of accused - No foundation for defence. The
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