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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 […]

Criminal Law Courts in the UK

Criminal offences are categorised into three classes in accordance with their gravity: summary offences (common assault, soliciting and failure to pay a TV license), offences triable only on indictment (murder, manslaughter and causing death by dangerous driving) and offences which are triable either way (inflicting grievous bodily harm, unlawful wounding and indecent assault). This procedure is governed by the Magistrates’ Courts Act, 1980 as amended by the Criminal Procedures and Investigations Act, 1996 and further amended by the Criminal Justice […]

Australian Criminal Law System

Part 2: critical legal analysis: You must critically analyze and discuss the question. You must support each of your agreements with authority. If there is no case law to support your argument, you may use any academic or other literature or commentary that supports your argument. Q4:The common law of Australia does not recognize that an accused on trial for a serious criminal offence has a right to the provision of counsel at public expense. Further, that as a matter […]

International Criminal Law Synopsis

International Criminal Law Synopsis The International Criminal Court is an official organisation that has been formed as a politically independent judicial establishment to act against the most serious crimes containing, Crimes against Humanity, Genocide and War crimes (International Criminal Justice, 2014a, and 2014b). The political freedom of the organisation has been interrogated as the relationships between the United Nations have the authority to refer, or defer circumstances to the International criminal court (Charter of the United Nations, 1945). France, was […]

Intention and Motive in Criminal Law

Critically assess the ways in which the judges have differentiated between the concepts of intention and motive in the criminal law In lay terms “intention” and “motive” are often employed interchangeably and without apparent distinction. This cannot be said to be so in the criminal law. Smith[1], commenting upon intention, states: “It might be expected that the meaning of such a fundamental term would have been settled long ago but this is not so. The cases are inconsistent, judicial opinion […]

Assembling of the Jury System Law Essay

A jury system is a system whereby trials of criminal matters such as murder, rape, fraud and other relating matters are heard, usually in the Crown Court. The need for a jury arises when a defendant, in a case, pleads not guilty. In very rare cases though such as libel cases, a jury would be summoned in the Civil Court of Law. Jury services are an old custom in the British Law System. These trials by jury was first preserved […]

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 […]

The Debate over the Exclusionary Rules Law Essay

The exclusionary rule has always been the subject of debate; especially following the Supreme Courts decision in Mapp v. Ohio. The courts have increasingly limited the scope of the rule and its feasibility in its present form has become questionable. Many legal analyst, have called for the demise of the exclusionary rule and for the last century, the United States Supreme Court has acknowledged that evidence seized in violation of one’s constitutional Fourth Amendment rights cannot be used against them […]

The Difference between Criminal Law and Civil Law

Law: Law defines as the idea of a set of rules established by authority, government or society. Differences between criminal and civil law: Generally speaking the main difference between criminal and civil law is, criminal law involves police and civil law involves conflicts between people where no police involve. Definition: Criminal law is concerned with the relationship between the individual and the general public, criminal actions like motoring offences, robbery, assault etc are usually brought by the region. The main […]

An Argument against the California’s Three Strikes Criminal Law

When you think of life-sentences for criminals, what type of offense comes to mind? Crimes that would do the greatest harm to society or ones that would warrant a life sentence, like murder, rape, arson, or other serious or violent offenses? This is what California legislators had in mind when they created California’s Three Strikes, You’re Out, Law. Instituted in 1994, the law was established to rid our streets of multiple offenders. Instead, it has led to more problems and […]

Problem Answers on Criminal Procedure and Evidence Law

(i) In the rules of criminal procedure, a suspected person has no obligation to answer any questions because the burden of proof of a criminal case is at the prosecution side. Therefore Herman can exercise his right of silence which is protected under the Article 11(2)(g) of the Hong Kong Bill of Rights Ordinance (Cap. 383) and refuse to answer any question raised by any police officer. However, if it is the truth that Herman was in Macau from 9th […]

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 […]

Law of Ethics in Nursing and Health

Brief 211982 In order to answer this question, one must assess and consider the law relating to ethics within the health professions for nurses and midwives. This will require a particular emphasis on the ideas and structures of the legal responsibilities that a midwife or nurse have to face on a daily basis through their response to a patient reporting alleged abuse whilst at work. This will require a conceptual analysis of the ethical ideas of non- maleficence[1], beneficence[2], autonomy[3], […]

Criminal Justice Reform

Criminal justice reform is when errors are found in our criminal justice system, and then are planned to be fixed. Everyone in a courtroom that has had to appear before a judge, has rights. Rights such as due process of law, the right to have bail, to not have your property searched or your personal items confiscated without a warrant. Every citizen in the united states has these rights, including the right to be free from cruel and unusual punishment. […]

Essay about Prison Reform

More people are incarcerated today than ever before. There are several different types of prisons or institutions in the United States that include state prisons, county jails, and federal prisons. The United States currently has over 2 million people in prison. That accounts for approximately 25% of the worlds imprisoned population (Forman, 2011). How can the prison system help reduce the recidivism rate? Some of the programs that have been developed to help the recidivism rate include drug and alcohol […]

Law Enforcement Approaches for Reducing Gun Violence

According to the United States Constitution, the Second Amendment states that, “a well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.’ This specific amendment protects the right of citizens of the United States the right to bear arms. However, this Amendment granted individuals rights to possess firearms independent from serving in a militia. Thus meaning, the Second Amendment explores the aspect of gun ownership […]

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 […]

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 […]

The Law of Omission Liability

Critically evaluate whether the law in respect of omissions liability is in need of reform. Given that one may be liable for an offence as serious as murder by omission it is paramount that that liability is clearly defined. Introduction to Omission Offences capable of being committed by omission Introduction to Murder Introduction Traditionally criminal responsibility is based on what the defendant has done and also on state of mind when he did; this approach is summed up by Latin […]

Rape Law Reform in England and Wales

1. Introduction The beginning of the 21st Century has seen a major overhaul of the sexual offences legislation in England and Wales. Prior to this reform the law on sexual offences was based on legislation implemented in 1956[2], with some parts dating as far back as the 19th Century. It goes without saying that this legislation was grossly dated and unsuitable for the 21st Century. A number of important amendments had been made since the 1956 legislation, including the inclusion […]

Black Criminal Stereotypes and Racial Profiling

How would you feel if you were innocent, but just because the color of your skin you were taking into police custody? This is considered racial profiling. Racial profiling is defined as the practice by the police of thinking that people of a particular race or color will behave in a particular way, especially that they will commit crimes (Cambridge Dictionary). Racial profiling is an ongoing event in society today. There are continuous arguments about racial profiling asking is it […]

Civil and Criminal Procedures

Why is ‘civil procedure’ different from ‘criminal procedure?’ In criminal matters, action is taken by the “state” (either federal, state, or local government agencies) against an individual for a violation of the law. A criminal matter can result a sentence such as a fine, probation or time in jail. The sentence is imposed upon a defendant who pleads or is found guilty to keep him from acting in the same manner in the future and also to deter others from […]

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 […]

The International Criminal Court and its Role in Achieving Justice

In the aftermath of the Second World War the international community came to a general consensus that the matters of peace and human dignity were to be protected, and that those who were to contravene these protections would be held accountable no matter their position or title[1]. Throughout the years the concept of International Criminal Law developed and subsequently led to the creation of the first, permanent, treaty established, international criminal court. The International Criminal Court (ICC) came into existence […]

Corruption of Criminal Justice System

Over the years, acts of corruption by the administrations in authority have for a long time shaken the public faith in government. However, the loss of public confidence is particularly acute when those involved are the police. Unfortunately, the police have acquired a dubious reputation. They have been accused of committing acts of corruption which might include abuse of authority, money laundering, concealing of criminals and also the violation of human rights (Corinthia, 85). As a result, such inhuman acts […]

Conflict between Law Enforcement and Communities

In the United States, there has been a major increase in conflict between law enforcement and communities. Incidents such as the fatal shootings of Stephon Clark in Sacramento and Philando Castile has brought up major protests in many cities. Some shootings are still filled with questions, with authorities still unsure of the events that led to those fatal moments. Was the shooting intentional? Was there a reason to use deadly force? The answer to these questions can be found with […]

Civil Versus Criminal Liability

There are seven principles of criminal law the first principle is actus reus. This is more than an act it’s really an omission or “state of being”. If someone is in possession of illegal drugs, they are not using them, and only in possession. This would be considered a state of being. Actus reus refers to the relelvant circumstances under which an act must occur to be criminal (Justice Education Society,2016). Mens rea is latin for guilty mind, on intention […]

An Analysis of Criminal Profiling

Criminal profiling Criminal profiling is the growth of an investigation through gathering information concerning a crime scene and an offence to assemble a psychosomatic picture of the recognized architect of the crime. Simply, it is the concluding of a criminal’s or an offender’s feature from his or her offence scene traits. For instance, an investigator might attempt to conclude a criminal’s gender, occupation history or age from the way he or she have accomplished during the duration the crime was […]

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 […]

Loss of Control Essay Example Pdf

>Introduction As Maria has Killed John, She is likely to be charged with his Murder. Maria is both factual, ‘but for’ her actions, he would not have died R v White (1910)[1] and legal cause, as her actions contributed significantly to the death of John (R v Smith (1959))[2]. The mens rea for murder is established by evidence, as Maria throws the vase at Pauls head with the intention to cause Grievous Bodily Harm (GBH), therefore indicates that Maria had […]

Criminal Law Essays