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Introduction to Law

Law of Constitutional Constitutions may be ‘written’ or ‘unwritten’, and unlike the majority of states, the British constitution is largely unwritten and uncondified. Allied to their written or unwritten character, constitutions may also be classified as rigid or flexible. A rigid constitution is one in which amendment is very difficult, requiring special procedures to be employed before any changes can be made. By contrast, the British constitution is essentially flexible. Parliament – the supreme law-making body within the United Kingdom […]

Australian Law

Apply key concepts Assignment semester 1 – 2014 Under the Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act Of motor vehicles used by persons who are alleged to have committed certain Offences such as drunk driving, reckless and dangerous driving. The police can Take a vehicle away for 28 days if the person has been arrested or reported in Relation to those offences (not yet found guilty by a court). Given your Understanding of the rule of law and […]

Involuntary Intoxication

More than any other area of criminal law, intoxication demonstrates the clash between principle and policy. It is a fundamental principle of criminal law that liability should follow fault and that a person is only at fault if their behaviour is voluntary (actus reus) and the product of rational thought (mens rea). Strict adherence to this principle would acquit defendants who committed crimes whilst intoxicated if this impaired their ability to think and reason. However, as official statistics demonstrate that […]

Is Jury Nullification Essential Power or Serious Shortcoming

A key feature of the jury is that it must have impartiality and there is an argument that an accused person has the right to expect that the trial will be conducted by an impartial jury. [1] This is evidentially accurate as the whole concept of jury nullification would be severely undermined if there was a lack of impartiality, as a bias could lead to a dubious non guilty verdict even when all the evidence points to a guilty verdict or vice […]

The Victorian Burglary Legislation

Impact of Singh v The Queen on the Victorian Burglary Legislation. Introduction The main contentious issues in Singh v The Queen[1] are when should the mens rea element of the crime of burglary be proven to exist for a continuous act or series of acts, should the prosecution prove beyond reasonable doubt the existence of intent to commit the crime of burglary at the time of the first effective entry into the building or part of the building as defined […]

Judicial Killings by the Police

In India, “encounter killings” are tragically common. Encounter killing is now a euphemism to indicate extrajudicial execution by the police in staged “encounter” scenarios where persons are killed apparently in exercise of the police’s right to self-defence. Incidents of encounter killings are widely reported in news media and are even glorified. Perpetrators of this brand of violence enjoy impunity and immunity from the criminal justice system. Further, police personnel with special “expertise” in extrajudicial killings are hailed as “encounter specialists”, […]

Areas of Law

Media report analysis 1. Identify the areas of law that are relevant to the chosen media report, and explain how they are relevant to the matters outlined in the report. Criminal Law Kelden Edward Fraser has committed a crime by breaking out a prison van at Geraldton Airport as he was being transferred to a maximum security jail due to his bad behaviours. Furthermore, Fraser was capture again as he has allegedly committed criminal offence for armed robbery. Tort Law […]

University of Maiduguri with Disciplinary

Garba v.University of Maiduguri with Disciplinary issues in Tertiary Institutions Introduction A watershed moment in the landscape of the nation’s judicial decisions took place in the last century in the case of Garba v.University of Maiduguri[1] Where the Supreme Court laid down a marker in respect of disciplinary issues in our tertiary institutions, and the limits and otherwise of the powers of institutions to punish erring students. The decision has been the subject of criticism, and it has been […]

Victim’s Empowerment in the Criminal Justice System

In this project, I shall talk about how a victim could be more empowered in the existing criminal justice system. I shall divide my project into 4 sections and a conclusion. In the first section, I shall talk about all the powers that have been given to the victim of a crime under the Criminal Procedure Code [1] . A victim can participate in both pre trial and post trial stages, the relevant sections of CRPC would be mentioned and explained. In […]

Guidelines Relating to Encounter Killings

Guidelines specific to Encounter Killings: The general procedure on the Human Right Violations was not so fruitful in ensuring proper compensation nor preventing further encounter deaths. So the National Human Rights Commission had to issue directives/guidelines specifically for Human Right violation related to encounter deaths. According to those the reports had to be submitted within a stipulated time frame and on the receipt of such reports, the NHRC investigates these cases. Where it believes there was no apprehension of any […]

Homicide Law in the UK

1. The current law of homicide has been criticised widely for being archaic, complex and in need of reform. The Law Commission has reviewed the state of the law and proposed a new statutory framework which simplifies the law of homicide.[1] One of the biggest criticisms of the current common law is the wide definition ascribed to murder. It is defined as when someone unlawfully kills someone with the intent to kill or to do grievous bodily harm.[2] The breadth […]

How and why some Conduct is Considered Unlawful

In order to understand unlawful conduct it is important to know the differences between civil and criminal law and fault. Factors which influence why conduct is considered unlawful and how conduct is labelled as unlawful will be looked at in depth in following paragraphs. For the purpose of this essay unlawful conduct may be defined as any conduct that is forbidden by law. There are fundamental distinctions between civil and criminal law. In civil law a private party, known as […]

Ethical Influences and Misconduct in the Prison System

Misconduct by Prison/Correctional Officer Are ethical influences imperative in the deterring of corruption by correctional officers within the prison system? “Sometimes corruption is slowed by shedding light into what was previously shadowed”. (P Wolfowitz et al 1943) The human resources in the criminal justice system, incessantly has opportunities and temptations of committing unethical acts. Inclusively in correctional institutions, correctional officers are no exception. Prisons are by nature dangerous institutions whereby correctional officers portray themselves as the last line of defense […]

Ethics in Criminal Justice Administration

Ethics in Criminal Justice Administration Analysis The model of due process meet ups the criterion for ethical and professional standards that are in the criminal justice system. The model departs to demonstrate that individuals in the criminal justice system are themselves conducting in an ethical and professional manner that sustain the rights of all persons concerned from prisoners to co-workers in the criminal justice system. Model of Due process is a kind of system of justice which is founded on […]

Does the Current Law Protect Vulnerable and Intimidated Witnesses Adequately?

Are vulnerable and intimidated witnesses adequately protected during cross-examination under the current law? To appear as a witness in a criminal trial has been described as a terrifying, intimidating, difficult and stressful ordeal. [1] It is not an easy experience for vulnerable and intimidated witnesses when the issue of giving evidence about the incident they were involved in is in question. This is because while the witnesses are giving evidence in court they are most likely to re-live the incident […]

Criminal Law and Police Administration

ELEMENTS OF CRIMINOLOGY, CRIMINAL LAW AND POLICE ADMINISTRATION PROJECT A Project Report CONTENTS Table & Contents List of Table and Figures Preface 1. Introduction 1.1 Law 1 1.2 United States constitution 2 2. Miranda Rights 2.1 Definition 3 2.2 History 3 2.3 The lines and its interpretation 4 2.4 Exceptions to Miranda Rights 5 2.5 Waiver 6 2.6 Violation 8 2.7 Consequences 8 References LIST OF FIGURES 1.1 1 1.2 3 2.1 Table 2.1 PREFACE The constitution of any country […]

Court Attendance Reflection

Black cascading robes, white periwigs and the resounding thud of a court hammer are the images often associated with the administration of criminal justice. Over the course of my court attendance I quickly realized that this idealized perception fails to reflect the complexities of the criminal justice system. The first issue I will discuss is the value of legal representation and the how its absence can compromise an individual’s right to a fair trial. The next theme which struck me […]

Factual Causation Public Law

To decide whether an offence has been committed, first discuss the issue of causation. If Diana has caused Edmund’s death, we examine what offences she may have committed, and consider whether Diana may have any defences, including the partial defences to murder of provocation and diminished responsibility. In cases of murder and manslaughter, we must discuss whether the Defendant’s action caused the victim’s death first. Unless we can show this, there can be no offence. Courts will first look for […]

Criminal Justice Technology

Technology within the Criminal Justice System has evolved through the years. DNA is one type of technology that has revolutionized the criminal justice system. Law enforcement uses this method to aide in the capture and conviction of criminals; at times have led to exonerate criminals who were wrongly convicted. There is still a lot that can be learned about DNA and all the possibilities that DNA may be able to prove. Fingerprints are not the only technology that has vastly […]

The Need for Reform in Criminal Law

The criminal law on omissions is confusing and does not fit easily with the requirement that both actus reus and mens rea must be present to establish a criminal offence. This area of law is in need of reform. Discuss with reference to the relevant law. A fundamental principle of the criminal law is that the prosecution must prove, for all crimes, beyond all reasonable doubt, that the defendant committed both the actus reus and the mens rea (except crimes […]

Criminal Proceedings against Kolpinghuis Nijmegen

Brief : 194325 Delivery Date : 29 March 2007 Title: Download a case from the Europa website. Find the ECJ judgment for criminal proceedings against Kolpinghuis Nijmegen BV 80/86. Based upon this download of the judgment, answer all of the following questions. ANSWER Source: Judgment of the Court (Sixth Chamber) of 8 October 1987. Criminal proceedings against Kolpinghuis Nijmegen BV. Reference for a preliminary ruling: Arrondissementsrechtbank Arnhem – Netherlands. Case 80/86. European Court reports 1987 Page 03969 A. In no […]

Keeping Criminal Trials Fair

Judicial staying of criminal proceedings is an exceptional course for the trial judge to take and usually the trial process itself including appropriate judicial directions to the jury, is adequate to ensure that a criminal trial remains fair at common law and Article 6 of the European Convention on Human Rights, as given effect to in the Human Rights Act 1998. Critically evaluate this comment in the light of appropriate case law. The fundamental issue being raised is the fairness […]

Criminal Justice in Saudi Arabia

Current Saudi Arabian Courts System: At present, Saudi Arabia has a double judicial framework included the Shari’ah Courts System and a free managerial judiciary known as the Board of Grievances. Notwithstanding the past legal bodies, there are a few Administrative Committees have jurisdiction to hear certain predetermined cases. Additionally, the Law of the Judiciary allows the foundation of particular courts by, Regal Order on the suggestion of the Supreme Judicial Council. As per the Law of Judiciary and Basic Law […]

Cognizable and Non Cognizable Offences

Cognizable offences have been defined under Section 2 (c) of the Criminal Procedure Code as follows; ” ‘cognizable offence’ means an offence for which, and ‘cognizable case’ means a case in which, a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant”. A non-cognizable offence has been defined under Section 2 (l) of the Criminal Procedure Code as follows, “‘non-cognizable offence’ means an offence for which, […]

Community-Oriented Policing and Domestic Violence

COMMUNITY-ORIENTED POLICING AND DOMESTIC VIOLENCE Introduction A myriad of creative approaches in the criminal justice systems of the world have been established over the last two decades in an attempt to lessen or curb the domestic violence incidences in us and across the world. Different law urgencies have now put in place policies that authorize arrest for domestic violence. Such domestic handling options as evidence-based prosecution, no-drop policies and special advocates allocated domestic violence cases have also been adopted by […]

An Outline of the Community Service Order

109528 Formerly known as a Community Service Order introduced by the Criminal Justice Act 1972, a community punishment order [1] is now regulated by the Powers of Criminal Courts Act of 2000. The aims of a community punishment order is solely to reform the offender whilst he/she remains in the community, allow an opportunity to reflect on the criminal act for which s/he has been sentenced, the order is a method of rehabilitation preventing the offender from falling into a […]

The Counterfeit Access Device and Computer Fraud and Abuse Act

Chapter 8: Question No. 2: The Counterfeit Access Device and Computer Fraud and abuse Act or CADCFA Act has categorically placed the provision of the law against authorised access and use of federal and private computers. The penalties under CADCFA Act are of 5 to 21 years of imprisonment. Mr. Wang used his computer to pass on trade secrets to Gordon Eubanks, Symantec’s Chief. Unauthorised access to the federal and personal computer and the data contained in it is part […]

Computer Law and Privacy at Work

Report to D’Ausecours Board 31st May 2006 Re: Acquisition of Security Control – Issues and Recommendations 1) Confidential Information Given the that the greatest value of SC lies in the ability of its employees to innovate and the quality and commercial potential of the resultant product, it is disturbing to learn that none of the employees is currently bound by any form of confidentiality clause in their contract and they have received no training or even informal guidance in the […]

Concepts of Appropriation under the Theft Act

The Theft Act 1968 [1] was legislated as a result of complicated, confusing and highly technical prior statutes and case law. Antiquated terminology like larceny, embezzlement and false pretences were to be replaced by a simple and short Act that was aiming towards codification of the criminal law. The Criminal Law Revision Committee advised on the recommendation, which as a result fully transpired. The report affirmed “larceny, embezzlement and fraudulent conversion should be replaced by a single new offence of theft. The […]

The Indian Constitution in Achieving Justice

CONCLUSIONS AND SUGGESTIONS The Preamble to the Indian Constitution invokese`justice — Social, economic and political)) as a core principle. Victimes of crime being components of criminal justice are, therefore, also entitled to share the promises of social justice contained in the Constitution. Novel concept of victomology is a step in the direction of fulfilling the avowed promises made by the framers of the Constitution. The corpus juries of India is bereft of statutory awareness of victomology in any significant measure. […]

Crime Essays