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Community Supervision Programs – an Alternative to Incarceration

Community Supervision Programs – An Alternative to Incarceration CJS 230 Erin Wingfield University of Phoenix October 11, 2009 In the mid-1800’s, a local Bostonian civic activist John Augustus, began to identify criminal defendants who, in his mind, was ripe for rehabilitation. He sought to help some defendants out of their lives of crime by helping them obtain jobs and address the social problems leading to their criminal acts. Thus, the early roots of probation were born. In its inception, probation […]

Crime Data Comparison Paper

CRIME DATA COMPARISON PAPER –Murder Rate According to the FBI Unified Crime Report for 2009, there were 385 murders in that year. The total population for Detroit in 2009 was just over 951,000. (The Neighborhood Scout, 2009) In Minneapolis, a city with about one-half the population of Detroit, the number of murders was 47. Not only is the population less than Detroit, the murder rate 6 times lower than Detroit. Here you can see that population seems to play a […]

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 […]

The Fraud Act 2006

‘The Fraud Act 2006 has as a central requirement the concept of Dishonesty. This simple legal concept has made the law clear.’ Critically Discuss. The Fraud Act 2006 was brought in to replace the Theft Act 1978, as offences created under the act after caused difficulty proving in court. In 2002, the Law Commission produced a report on fraud, which led to the creation of the new act, which has been simplified, which allows the defendant to understand the offences […]

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 […]

Proving the Guilt of Murder

Question 1 Amina may be guilty of the murder of Yasin and Khadija. Khadija To establish a case of murder, the prosecution must prove (1) that the unlawful death of Khadija was caused by an act (or omission)[1] of Amina; and (2) that Amina did that act (or omitted to act) with malice aforethought[2], whether express or implied[3]. So far as causation is concerned, in the context of homicide offences, this simply means that Khadija’s death was ‘accelerated’ by Amina’s […]

Police Powers of Arrest

Police Powers of Arrest and Detention of Offenders Satisfactory The first police power I will evaluate is the power that custody officers have over detainees. When a police officer arrests someone they will have their reasons for doing so and will have seen or heard what the person has done. Though, when he brings him to the police station the custody officer will see whether the constable has detained the person correctly or not. He will look into what the […]

Position of Rape Laws in India

The Indian Penal Code, 1860 (hereinafter IPC), drafted by T. B. McCauley and his colleague law commissioners, reflected the then prevailing sexual norms in India, criminalized ‘rape’ – a coercive non-consensual (as well as consensual in a set of specified circumstances) sexual intercourse with a woman. S.375 [1] of the Indian Penal Code describes six circumstances in which the offence of rape is said to be committed. In these, the first and the second clauses are representative of the elements required to […]

Not Possible for Person to Consent Bodily Harm

Critically examine the statement above with reference to cases and articles that support your arguments. Theoretically consent is available to murder and all non-fatal offences against the person. However in actuality, consent could not be used for anything more than assault and battery. Essential questions of morality and ethics are raised by the degree to which the state be supposed to employ criminal sanctions to restrict a sane adult in his/her consent to the infliction of harm on his/her person. […]

Legal Interpretations of Murder

Question: “Moreover, over a period of twelve years since Nedrick, the test of foresight of virtual certainty has apparently caused no practical difficulties. It is simple and clear. It is true that it may exclude a conviction of murder in the often cited terrorist example where a member of a bomb disposal team is killed. In such a case it may realistically be said that the terrorist did not forsee the killing of a member of the bomb disposal team […]

Human Rights and Criminal Justice

In considering the extent to which the police have complied with the Police and Criminal Evidence Act (PACE) 1984 and the PACE Codes of Practice regarding the arrest, detention and interrogation of Graham and Nisha it is to be appreciated that a police officer (Ministry of Housing & Local Government v. Sharp, at p.266, per Lord Denning MR) who commits a breach of their common law or statutory duty by making an unlawful/wrongful arrest be liable for damages (M v. […]

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 […]

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 […]

Domestic Violence – Fact or Fiction?

Domestic Violence – Fact or Fiction Domestic violence in Australia is one of the most prominent issues of our lifetime. For a long time, women were treated as possessions by men and the law did not legally recognise occurrences such as rape of a wife by her husband. More recently though, societies beliefs and attitudes in regards to the subject of domestic violence has changed quite considerably. Previously the only avenue that existed for victims of domestic violence was through […]

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 […]

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 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. […]

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 […]

A Critical Discussion Based on a Tort Law Problem Question

(b)Ajith is an experienced driver with 25 years’ experience and accident free record. Last Friday early morning he was driving in Galle Road in 90 per mile speed and at Bambalapitiya junction he lost his control ran over the pedestrian who was killed spontaneously. The Government Medical Officer found that he was not under the liquor influence at the time of the accident. 1.3In the context of the scenario 1(b) critically discuss the type of action/s available against Ajith for […]

Deviance Essays