Category: Criminal Law

p.p1 {margin: 0.0px 0.0px 0. 0px 0.0px; font: 14.0px ‘Times New Roman’; color: #262626; -webkit-text-stroke: #262626}p.p2 {margin: 0.0px 0.0px 0.0px 0. 0px; font: 14.0px ‘Times New Roman’; color: #262626; -webkit-text-stroke: #262626; min-height: 16.0px}p.p3 {margin: 0. 0px 0.0px 0.0px 0. 0px; font: 14.0px ‘Times New Roman’; color: #000000; -webkit-text-stroke: #000000}p.p4 {margin: 0.0px 0.0px 0.0px 0.0px; font: 14. 0px ‘Times New Roman’; color: #000000; -webkit-text-stroke: #000000; min-height: 16.0px}span.s1 {font-kerning: none}span.s2 {font-kerning: none; color: #262626; -webkit-text-stroke: 0px #262626}span. s3 {font-kerning: none; color: #000000; -webkit-text-stroke: 0px #000000}While sovereignty is defined as “having supreme power or authority”, this does not mean much on its own. […]

Two police officers picked up Mrs. Alberta Leesard on the 29thof October, 1971from in front of her home in West Allis in Wisconsin. She wasthen moved to the Mental Health Center in Milwaukee, Wisconsin for detainment. Thetreatment that she was meted out over the following months formed the base ofher civil action. In essence, she was stripped of all the rights that citizenof the country holds In 1971, mental illness was not really understood, and thelaw presumed that such people were helpless and in need of protection. IN caseany mentally ill person was arrested and brought to the court, the […]

The main objective of thisessay is to determine whether the Coroners and Justice Act 2009, has managed tosuccessfully highlight the issues that surrounded the defence of loss ofcontrol (Provocation). We will also be talking about if the victims of domesticviolence and battered women’s syndrome are able to use the defence of loss ofcontrol and to see if they are provided with protection. The growth of case lawregarding provocation will be analysed in order to know the effectiveness ofthe new loss of control defence.Currently, there is no precisedefence of domestic violence in English law, insteadof as an alternative, the courts use […]

their preferred test. The subjective test, also known as Cunningham test, makes the judges look at the case from the defendant’s perspective (Martin & Storey). Contrary to the Cunningham test, there is the Caldwell test, which is an objective test and looks at the case from the view of a reasonable man, making use of the reasonable person standard (Martin & Storey, 2015). After switching back and forth between the two test, current UK criminal law utilises the subjective Cunningham test since 2003 (Martin & Storey, 2015). 6. Identify the circumstances in which the defence of consent would and would not […]

Jurisdiction is the powerof a court to decide on a dispute. Jurisdiction can be classified into fourdifferent subcomponents: geographical, subject matter, personal, andhierarchical jurisdiction. Geographical jurisdiction is when courts areauthorized to hear and decide disputes arising within a specified territory. Acourt having geographical jurisdiction in a specific location is known as avenue. In state courts, venue can only be transported to another county and/ ordistrict within that certain state, the courts in this specific state has the geographicaljurisdiction of violating the criminal law. People who gets arrested forcommitting a crime in another state led to a major complication of geographicaljurisdiction. […]

We generally blame people more fordeliberately doing things rather than for negligently or recklessly doing something. Mens rea in criminal law is concernedwith the state of mind of an individual, which most crimes need proof of. Whenunnecessary to have, it is known as a strict liability. Intention is the mostdominant, it generally asks for the highest degree of fault from the rest, asonly intention will suffice for murder or grievous bodily harm. The actus reusof murder is an act of unlawful killing of an individual, however the mens reafor murder is intention. Intention is a mental element caused by anindividual’s […]

Plea Bargaining Roslyn MclaurinCJA/2245/7/12Ross M. KuceraPlea Bargaining Define Plea BargainingPlea bargaining is defined as a process when a defendant and the prosecutor reach an understanding where the defendant will plead guilty of the crime that they was being charged with so they will be able to receive a lesser sentence or a lesser charge. Plea bargaining may dismiss the criminal case without it going to trail, if the plea is within a satisfactory disposition than the plea arrangement amongst the prosecutor and defendant will be successful. In this arrangement, the offender reaches a decision to plead guilty and this will […]

The Actus Reus ofcrime is quite simply described as the action of committing a crime (), howeverwhere criminal law becomes more complex, is when involving the Mens Rea of acrime, or in other words, a guilty state of mind (). It is a necessity that theprosecution establishes that the defendant executed the ‘Actus Reus’ while in aspecific mental state. The Mens Rea of a crime explores the offender’s state ofmind in order for them to be legally responsible for the crime. There are fourmental states, which either collectively or separately have the ability tocreate the required mens rea for a […]

The Different Parts Of Our Legal SystemSabra D. PopeCRJ 201: Introduction to Criminal JusticeProfessor Celeste JohnstonNovember 07, 2011 The reasons for criminal laws are to protect innocent people and to serve the public good. There are two key purposes for criminal laws. The first reason is to communicate public morality which is when a society chooses the laws which decides right or wrong for a community. The second reason for criminal laws is to teach societal limits. Teaching these limits is when a criminal is punished to be taught a lesson but also shows the community what to expect if […]

Feinberg’s harm principle states that preventing serious harm to others is a valid prima facie reason to prohibit conduct. Harm is a broad concept which need not involve any physical component, as it is merely a setback to one’s legal interests.  However, a harm within the principle is restricted to one that not only constitutes a set-back to one’s interests, but also constitutes a wrong to the person.  For Feinberg, theft is a good example of a criminal law justified by the harm principle. Theft may be considered a crime based on interference with property rights, which could be argued […]