Intoxication: Not a Defence for Crime There has been too many times where intoxication was used as a defence in criminal cases where it should not have been considered as a defence. Intoxication in criminal cases and whether it should be considered or not considered as a defence is very controversial. Voluntary intoxication should not be considered as a defence of crime. The main arguments against using intoxication as a defence are: the degree of proof required to prove intoxication is not sufficient
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1. FUNCTIONS OF THE LAW Influence behavior of the members of a society Resolving disputes within the society Maintaining important social values 2. COMMON LAW/STATUTORY LAW Common law judge made law Under common law judges decide cases based on decisions from previous cases(stare decisis) Statutory law: Written laws created by federal and state legislatures 3. STARE DECISIS Doctrine where the law of precedent is used in guiding decision making in present cases before the court Precedent=
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Non-Fatal Offences Criticisms Essay The majority of non-fatal offences are included in the Offences Against the Person Act 1861 (OAPA) which was described by Professor JC Smith as ‘a rag bag of offences brought together from a variety of sources’. This view is widely shared throughout the legal system‚ although some argue that the law works in practise and so no reform is needed. However the law does not include the common offences of Assault and Battery‚ providing another call for reform.
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Criminal Case #1: Crimes Against Persons (Kidnapping) Colleen Stan is a woman that was kidnapped and sexually assaulted by Cameron Hooker in Red Bluff‚ California in 1977. Hookers wife assisted in the kidnapping as well. She was held as a prisoner for 7 years. During this time‚ she was tortured‚ sexually assaulted‚ and led to believe that she was being watched by a large organization called “The Company”. Colleen was then mentally coerced to sign a‚ “slavery contract” that was supposed to have been
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Crime is a social construct Discuss. This composition will look at crime and its different criminological interpretations. Crime is an umbrella word which covers a diverse range of issues and is dependant upon the theoretical stand point of the writer. Although the wordings of the explanations differ‚ the implications are consistent (Newburn‚ 2007. Doherty‚ 2005). Mclaughlin et al (2006) seems the most relevant for the purpose. They separate crime into three key constituent parts. These are harm
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Murder generally refers to the crime of terminating the life of someone either intended or unintended. Under the West Virginia legislation‚ there are two different types of murder. There is first-degree murder and second-degree murder. First degree murder refers to a premeditated killing. An example for first degree murder from Different Crimes Different Criminals is when an individual plans to terminate the life of another person either through strangling‚ starvation‚ poisoning‚ etc. (MacKenzie
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representing society and the population. Within this concept is the operation of principles going to the rights of the victim and the accused in the criminal law process. This process encompasses the commission and elements of the crime going to the actus reus (action of the accused)‚ mens rea (intention of the accused) and causal link to make out the crime; the criminal investigation by the police; the criminal trial process under the adversarial system; the standard of proof beyond reasonable doubt;
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Crime is a complex and evolving concept. To what extent can it be explored by focussing on social harm? This essay aims to explore and critically evaluate some of the ways ‘crime’‚ in both its lawful definition and commonly interpreted definition can be broadened‚ from context-specific behaviours and explore how social harm may be a useful concept in understanding ‘beyond the border’ of crime (Open University‚ 2010). Social harm is a ‘disciplinary approach organised around the concept of harm’
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of conduct for the community to live by‚ set a boundary for acceptable behaviour‚ reflect changing values and protects the community from harm. Elements of a criminal law * Actus Reus – act of committing a crime * Mens Rea – guilty mind * Causation – act of causing something * Concurrence – where actus reus and mens rea occur at the same time An indictable offence is a serious criminal offence that allows the accused or defendant to be tried before a judge and jury. A defendant/accused
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Running head: Homework Assignment #1 Homework Assignment #1 Javone Somersall Allied American University Author Note This paper was prepared for Introduction to Justice Administration‚ Homework Assignment #1 taught by Professor Dauser. PART 1: SHORT RESPONSE Directions: Please write a one to two paragraph response for each of the following questions. Be sure to cite any references used. Please use proper APA citation when using any source including the textbook. Please visit
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