2014/10/3 Criminal Law Hanif Mughal (麥 嘉 豪 ) Adjunct Associate Professor ( 兼任教授) Barrister-at-law ( 大律師 ) DLS 2 BRIEF - Lecture 1 (A).General Introduction (B). What is a crime? (C). Principles of Criminal Liability Chapters 1‚ 2 and 4 of the Workbook and some additional information 2 (A) General Introduction 1.General Principles. 2. Law regulates conduct in society. 3. Division of Law into civil and criminal law. 4. Civil Law – disputes between individuals. 3 1 2014/10/3 5. Criminal Law - disputes
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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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Criminal Law Paper Your Name CJA/354 March 26‚ 2012 Beverly Spencer An interesting case that was currently brought before the Supreme Court was Missouri vs. Frye. I found this case interesting due to the injustice that was provided by Frye’s counsel‚ and that Frye insisted on committing the same crime over and over again even though he knew he had an open case concerning driving under a suspended license. There were many sources and jurisdictions related to criminal law that also
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meaning behind mens rea lies within the mental element of the defendant in a crime. H.L.A. Hart states that “what is crucial is that those whom we punish should have had‚ when they acted‚ the normal capacities‚ physical and mental‚ for doing what the law requires and abstaining form what it forbids‚ and a fair opportunity to exercise these capacities. Where these capacities and opportunities are absent‚ … the moral protest is that it is morally wrong to punish because ‘he could not have helped it’ or
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“The Law of Intention‚ following the cases of Woolin (1999) 1 AC 82 and Matthews (2003) 2 Cr App R 30‚ is now satisfactorily defined in the criminal law”. Discuss. Mens Rea refers to the guilty mind required for criminal liability. Intention and recklessness are the two forms of Mens Rea that are part of most offences and have been the subject of judicial scrutiny. There is a vast volume of case law on intention and recklessness which demonstrates the problems that courts have had in perfecting
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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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Criminal Law Notes Chapter 3-4: Corpus Delicti: 1) Act/Omission & 2) Criminal Agency Temporary Insanity does not apply in California. You must prove that you cannot understand right/wrong at the time of the act‚ and that you did not understand the nature/quality of the act. Must also prove insanity‚ otherwise you are considered sane. People who cannot commit a crime (PC 26): 1) Children under 14 2) Idiots – Mental Incapacity 3) Ignorance or mistake of fact 4) Unconsciousness of Behavior
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bear false judgment against them. In our court system‚ there are many components that are in place to insure our citizens have a fair trial. I think the purpose of our country’s cornerstone of the American criminal justice system. Definitely being the most common punishment for serious criminal offenses. In ancient times‚ trials were held in massive courts and there was usually a fair length of time that separated each one. In today’s time‚ though‚ we have the means to hold several trials a day in
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Top of Form Bottom of Form THE UNIVERSITY OF TECHNOLOGY‚ JAMAICA THE FACULTY OF LAW CRIMINAL LAW I CAUSATION ______________________________________________________________ INTRODUCTION Where the actus reus of a crime includes specific consequences e.g. the crime of Murder - the consequence being death‚ it must be shown that the Defendant caused the victim’s death (although the defendant’s act need not be the sole or the main cause of death). A common approach of the courts has been to
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Criminal Law January 3‚ 2010 Facts – Little Louie 1. Unemployed 2. Date Wild Wanda 3. Plans with Billy Bad Boy and Vinnie Bagadonuts to rob a bank. 4. Know a gun collector named Smith 5. Breaks into Smith’s house 6. Breaks into the gun locker and steals couple of handguns‚ saw-off shotgun‚ and automatic weapons. 7. Robs the bank 8. In a shootout with the armed guard during this a bank teller and police officer is shot. 9. Run from the police officers
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