Category: Criminal Law

Civil Litigation and Federal CourtsIn this assignment, we willlook at five areas involving civil litigation and Federal Courts. We will definejurisdiction, and look at when a private dispute can be decided in FederalCourt. We will go over the result of a Motion to Dismiss if the moving party issuccessful. We will then go over the definition of enforcing a judgment anddiscuss how alternative dispute resolution (ADR) compares to Civil Litigation. Define JurisdictionJurisdiction in our legal system is the power of our courts to try casesand rule on legal matters within the courts geographic area. Jurisdiction isalso applied to different types […]

INTRODUCTION.Law is the body of rules and regulations. A tort law is that aperson harmed by others with an unreasonable action.  Some law of tort are actionables, just likeyou can claim in the court without regards whether it is tortfeasor intended.There are many types of law of Tort. The types of law of Tort that we see is negligence. Negligence means that the acts make people to injury are not expected and not intended. There are many elements of negligence which are: defendant has a duty to the plaintiff, defendant breached to the duty, the breached proximately caused and plaintiff […]

“The Trial” by Franz Kafka is a novel of total meaningless living, wandering through court labyrinths and meaningless death. It was written in 1912 and published posthumously in 1925 by his friend Max Brod. Its manuscript was left unfinished and the author left his covenant to his friend to destroy it after his death, therefore, the novel was not intended for printing. However, despite the author’s last wish, his friend decided not to obey him and not fulfill it. His friend’s excuse was that Kafka wanted to destroy earlier manuscripts also, but under his strong influence and with much conviction, […]

Throughout the years there have been many legal theorists that deal with their own separate ideas and work. One notable legal theorists is John Austin, he was most known for Analytical Jurisprudence and Legal Positivism. Although his work wasn’t discussed much during his lifetime, he is know known as  most influential figure in English jurisprudence. Austin’s writings such as The Province of Jurisprudence Determined, paved the way for more recent development of the school of analytical jurisprudence. Saying that his theories are in line with the canadian justice system.  John Austin was born March 3, 1970 in Suffolk, United Kingdom […]

Keri McMahon            Situationalcrime prevention entails focusing on mechanisms that reduce the opportunity tocommit crime. Situational crime prevention methods are based around theclassical school and deterrence theory. This prevention tactic focuses on aspecific crime type to discover the situational factors that are causing thatcertain crime (Freilich & Newman, 2017). Situational crime prevention focuseson eliminating the opportunity for crime, no matter how motivated the offendermay be, which will subsequently reduce crime. It also emphasizes the importanceof deterrence and reducing opportunities to increase an offender’s motivation. Situationalcrime prevention focuses on reducing crime rather than punishing orrehabilitating offenders (Freilich & Newman, 2017). The major […]

Prior tocriminology, criminals were seen as rather than that as just ‘harmful’ and’dangerous’, but as “evil” people, who committed sin and were corrupted. Thismeant that not only would the legal system at the time label criminals as thesesinful beings, but also to treat them like it with their punishments – inthought that these were the commandments of God. This was the crime controlbefore the enlightenment; instilling fear, shame and guilt to those who wereseen as evil. Enlightenment philosophers Emmanuel Kant (1724-1804) and Baron deMontesquieu (1689-1755) were very influential on the lead up to new criminologytheories, and created the motto for […]

     Immunity of Former Heads of States andThose in Office under International LawStudentnameStudentIDDateof submission      Introduction:The development andimplementation of the human and international crimes law is neither enforcedproperly nor is it considered as the most effective in the procedures andmechanisms of international law. The international law is made for imposing theobligations on different states of the world for the prosecution of criminalsthat are present in their territory. Similarly, the human rights law alsoincorporates the right for the people who violate the human rights law invarious countries. However, previous studies conducted to check the affectivityof international law and human rights law have argued that […]

       “THEORIES OF PUNISHMENT”           Submittedby:ASIFZAMIRRollNo: 532802nd Year, LL.M (3 Year Course)Subject: Criminology & CriminalJustice AdministrationUnder the Guidance of Ms Shweta GagnejaFaculty of Law, University of Delhi   CONTENTS 1.    INTRODUCTION 2.    THEORIESOF PUNISHMENT ·       DeterrenceTheory·       RetributionTheory·       PreventiveTheory·       ReformativeTheory 3.    CONCLUSION         INTRODUCTIoN Crimen omnia ex se nata vitiat- Crime vitiates everything, which springs from it. Crescente malitia crescere debet etpoena – Punishment is ought to be increased as malice/viceincreases. Anoffence may become a crime as a result of combined effect of myriad social forces& therefore what exactly & exclusively are the forces which haveresulted in endangering the safety, stability or comfort among individuals inthe society is difficult to fathom. A crime may, therefore […]

While it is truethat the mental defences of Insanity and Automatism are similar it is crucialto take note that it should still be kept apart due to its distinctdifferences. Insanity is often referred to as Insane Automatism and isconcerned with the internal factors whereas Non-Insane Automatism is typicallyconcerned with external factors. Automatism is a defence which can only beraised by the defendant, however Insanity can be raised by the defence or theprosecution. This critical essay will aim to delineate the differences betweenboth the mental defences of Insanity and Automatism through the use of specificcase laws. The defence of Insanityis known […]

This essay will highlight the understanding and the varioustypes of false confessions while evaluating the remedies available to prohibitfalse confessions. In criminal law,confessional evidence is exceedingly important regardless of when it occursduring the legal procedures, as a statement of confession provides the utmostincriminating form of evidence and drastically induces the rates of conviction.As mentioned by McCormick, “the introduction of a confession makes the otheraspects of a trial in court superfluous”1and it could potentially be the deciding matter between a victims freedom andthe death penalty. However, it is fascinating why anyone would place themselvesin such a situation as it deviates from […]