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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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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assignment will consider the differences in Civil and Criminal law. It will explain the roles of solicitors‚ Barristers‚ Judges and Magistrates. It will also critically look at the features of the European Court of Human Rights 4Civil law is a private law.it settles matters between two individuals and organisations. It still has the roman standard in many countries because it was originated from the Roman law. The end result is mostly damages in civil law. Example of civil cases includes Donoghue v Stevenson
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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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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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Assignment 1: Criminal law 1) Elaborate the various theories of punishment in Criminal Law (10m) There are four theories of punishments‚ namely‚ retribution theory‚ deterrent theory‚ and reformation theory. Firstly‚ a kid who falls down and kicks the floor inadvertently. Generally‚ it is believed to be a firm of taking revenge and would not serve only penal purpose. Deterrent theory by punishing the offenders deters the wrongdoer specially and deters the general public also by
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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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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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their medical care. For this freedom to be meaningful‚ people must have the right to make choices that accord with their own values regardless of how unwise or foolish those choices may appear to others.”[2] R v Blaue[3]‚ a famous causation case in criminal law‚ brings to foreground a thought-provoking debate about whether an individual’s religious beliefs and other psychological values could be included in the ‘thin skull’ rule and whether the refusal to take lifesaving medical treatment breaks the chain
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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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