Morality Essay Examples - Argumentative Topics for Research Papers

Death Penalty for the Mentally Ill

The Psychologist JoAnna A. De Leon May 19, 2010 CJ233: Introduction to Forensic Psychology INSTRUCTOR: Janice Walton To determine the mental status and competency of an individual, one must spend time to question and study the person, definitely spend more than 10 minutes with the patient. Many laws have been established and put into place to protect the young, the old, the innocent and the mentally ill. Trial competence is different from being criminally responsible for your actions. Trial competence […]

Persuasive Speech – Capital Punishment

Persuasive Speech: For Capital Punishment How would we feel if one of our close relatives were killed? Would we not want vengeance? Would we not want them to be nothing our world.? Capital Punishment in Australia was abolished nationally in 1985 but the majority of Australians support Capital Punishment for serious crimes, so why don;t we hang the two depraved killers who kidnapped, repeatedly raped the butchered two school girls? Why is hate filled mass-murderer Julian Knight still alive? The […]

Sexual Offences Act 2003

Critically evaluate the definition of consent for the purposes of sexual offences since the enactment of the Sexual Offences Act 2003, with particular regard to the presumptions in ss.75 and 76. Date authored: 15 th August, 2014. Described by the Home Office Review, Setting the Boundaries, as a ‘patchwork quilt of provisions’, the old law on sexual offences was a hodgepodge of archaic and discriminatory requirements. [1] Despite progressive changes by the court, the law on consent was in particularly […]

Law Example for Free

What is law? Law, in its widest sense, means and involves a uniformity of behavior, a constancy of happenings or a cause of events, rules of action, whether in the phenomena of nature or in the ways rational human beings. In its general sense law means an order of the universe, of events, of things or actions. In simple words, Law may be referred to as a body of rules that are determined and enforced by the state and that […]

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 […]

Constitutional Safeguards of the 4th, 5th and 6th Amendments to the US Constitution

Constitutional safeguards provided by US Constitution in the 4th, 5th and 6th amendments in regards to the criminal justice system are implemented to protect people against indiscriminate application of criminal laws and wanton treatment of persons suspected of violating the law. The amendments which are specifically designed to enforce constitutional rights of suspected criminals have had a significant impact in the criminal judicial sector. The workings of the courts in both juvenile and adult criminal proceedings and trials have been […]

The Capacity of the European Arrest Warrant

Critically discuss the capacity of the European Arrest Warrant to diminish traditional values of legitimacy and due process in criminal justice Judicial cooperation is regarded as one of the main focus of the European Union (EU) integration in criminal matters. In the past decade we have seen revolutionary introductions of new mechanisms in the field that have reformed EU criminal cooperation and have favourably developed the EU into an area of security, freedom and justice. The pioneer initiative in this […]

Sexual Harassment in the Workplace-India

India In India, when the case comes close to deal with the issue of sexual harassment in a workplace, we may first refer to a case law, Vishaka and Ors v State of Rajasthan and Ors. In this case, the Supreme Court of India has laid down the guidelines against sexual harassment in the workplaces. First, the case provides us the duty of the employer or other responsible persons in work places and other institutions. It stated that, the employer […]

Procedures of Search and Seizure in the French Criminal Justice System

Institute of Law Procedures of Search and Seizure in French Criminal Justice system: A Comparative Analysis Comparative Criminal Procedure Procedures of Search and Seizure in Franch Criminal Justice system a Comparative Analysis Abstract Code de Procedure penale is one part of Franch Criminal Justice Administration framework. In the French system it is portrayed this as a mixture of the inquisitorial as well as adversarial models. The Sub Section 1 contains the procedural aspect of inspection of premise, inquiry, search and […]

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 […]

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 […]

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 […]

Is Legal Reasoning Different from Political Reasoning?

Theory of Law & Justice Assignment Question: Is legal reasoning essentially different from the reasoning of politicians? If not, why not? If it is essentially different, in what way is it different? Justify your answer by reference to the views of relevant legal theorists. Introduction It is noteworthy that the legal and political systems are fundamentally different in the first place due to the diverse perspectives of the world, and they have developed into two separate entities with their own […]

Jury System

The American judicial system has always insisted on the jury system despite the changes taking place in the developed world. 90% of the jury trials take place in the United States and most European countries do not understand why the American public is fascinated by jury trials. “Does the U.S. system carry the seeds of its own demise, as in other nations that once used juries widely and gradually replaced them with decisions by judges” (Vago, 2008, p 48)? The […]

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], […]

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 […]

Introduction to Negligence

Tort law Tort in general are a set of rights, obligation that are provided to the citizen by a civil court in order to maintain safety of people and provide remedies for persons who have been inflicted suffering/losses by the wrongdoings of other citizens. A tort is a wrongdoing by a citizen towards another for which he/she is tried in the court of law. The plaintiff is the person against whom the wrong has been committed and who has suffered […]

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 […]

Inquisitorial and Adversarial Systems

An inquisitorial system of criminal justice offers the best system for ensuring that those guilty of committing criminal offences are convicted and that the innocent are acquitted. Inquisitorial and Adversarial Systems Defined and Compared In England and Wales and other common law countries such as the United States, criminal proceedings are operated on the basis of what is sometimes referred to as an adversarial system of justice. This differs from the so-called inquisitorial system of justice which is employed in […]

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 […]

Donoghue V Stevenson

The fact in Donoghue V. Stevenson[1] was that the appellant drank a ginger beer that was bought by her friend in a cafA© and she drank part of it from her cup. Her friend poured the rest and a decomposed snail was seen floating on the ginger beer. The nauseating sight coupled with the fact that the appellant had drank from it caused her shock and severe gastro-enteritis. She brought an action and the issue before the court was whether […]

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 […]

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 […]

R V Barry White

It is clear to see in the case of Barry White v The Crown that there are several issues arising on the facts. These issues shall now be argued under various grounds of appeal below. Ground 1- Failure to dismiss evidence that has been obtained unlawfully In regards to the evidence within the case in which great weight was held when Barry was charged, it can be seen that both pieces of evidence (the radio and the confession) have been […]

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 […]

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 […]

Essays on Morality