Nobody downloaded yet

Dishonesty in the law of crime - Essay Example

Comments (0) Cite this document
Summary
The paper views the ghosh test in scrutiny and tries to see its relation to theft and to analyze how the law views dishonesty. Dishonesty is among the several components that bring about the offence of theft. It is also a basic element in other crimes involving property such as burglary and robbery…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER92.5% of users find it useful
Dishonesty in the law of crime
Read TextPreview

Extract of sample "Dishonesty in the law of crime"

Download file to see previous pages This research aims to evaluate and present dishonesty in the law of crime. a defendant can be deemed to have acted dishonestly if he knows that his doing is dishonest from the perspective of ordinary people. The use of this criterion, whereby honesty is determined by the standards of honest and reasonable people, can be criticised since it can lead to inconsistency given that various juries can reach different decisions on similar cases. Williams states that given the low levels of self-discipline that is prevailing in the society, he advises that the query of dishonesty should not be left to the jury. Therefore, the ghosh test has its basis on the assumption that there is a single standard of honesty that is universal and members of the society that are thinking right are the ones who hold it. This standard is seen to be so high that it can place a line between what is honest and what is unlawful (dishonest). The satisfactory and workable test about dishonesty should specify when conduct is to be viewed as dishonest. Conduct should be viewed as dishonest if the one finding facts decides that reasonable and ordinary people would view the conduct as dishonest. This test is a fully objective assessment of dishonesty that is criminal and it contradicts the ghosh test to some extent, but it retains a little reference to the ordinary standards of the community. An individual is guilty of theft if he appropriates another person’s property dishonestly and intends to keep it away from him or her permanently. (Clarkson 87). It is not material whether this appropriation takes place for the gain of the thief. This act does not give the definition of dishonesty; instead, it only gives some specific situations where an individual is considered as not dishonest (Williams and Waller 157). The Ghosh Test of Dishonesty This is the current test for dishonesty, it is a test brought forward by the court of appeal, and is a two-stage objective/substantive test (Molan 17). This test is somewhat good because the decision as to whether the accused is guilty or not is left for the jury. The ghosh test has a number of criticisms because in this world there is no single standard of honesty held by the reasonable people of the society. Justices Toohey and Gaudron also criticised Ghosh as having practical problems. They also felt that, not all offences involving dishonesty were similar (Haplin 97). Subsequently, there is a need for the judge conducting the trial to stipulate the clear explicit meaning of dishonest to the jury. This is a peculiar test for dishonest ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Dishonesty in the law of crime Essay Example | Topics and Well Written Essays - 1500 words”, n.d.)
Retrieved from https://studentshare.org/law/1395132-dishonesty-in-the-law-of-crime
(Dishonesty in the Law of Crime Essay Example | Topics and Well Written Essays - 1500 Words)
https://studentshare.org/law/1395132-dishonesty-in-the-law-of-crime.
“Dishonesty in the Law of Crime Essay Example | Topics and Well Written Essays - 1500 Words”, n.d. https://studentshare.org/law/1395132-dishonesty-in-the-law-of-crime.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Dishonesty in the law of crime

Dishonesty in Criminal Law: Analyzing the Offence of theft

...against dishonesty among the theft defendants. This entails the importance that lies with coming up with a test that that will have equity in testing the dishonesty of theft defendant (Ghosh test). According to R v Ghosh, this law provides for the two tests that are employed to test if the defendant accused of theft is dishonest or not. The first test is the subjective test; test based on the information gained from the subject. The subject in this case emulates the defendant who has been accused of theft on the grounds of dishonesty. The subjective test is based on the answers that the defendant presents as pertains to the knowledge of crime. A...
6 Pages(1500 words)Essay

Crime and Justice law

...with public. The judicial system needs to provide security to both physical as well as psychological fear emerged due to frequent violence. Hence, the judicial body has the duty to segregate the categories of level of crime and criminals, followed by its conviction and decision for the required sentencing. Further, the duty binds the body to design a secure rehabilitating plan for criminals, so that the general public will be safe from reoccurrence of violence from the convicted criminals. To establish the proportionality of the English sentencing law we need to explore its previous sentencing system. Let us take the example of R v Reynolds and others3.  In this case, the prosecuting advocates were made...
10 Pages(2500 words)Essay

Plagiarism is academic dishonesty

...? 5 May, Plagiarism is Academic Dishonesty Introduction Plagiarism is one of the academic dishonesties found in many institutions of learning. It is an offence that is committed both intentionally and unintentionally by the students and other academicians. The reasons for committing plagiarism vary among students and they include reasons such as an easy way to finish work given by the academic instructor. Plagiarism is indeed, the biggest concern in the writing world in the contemporary age. With the immense and speedy growth of literature since the past few years, academic scholars and educationalists have become too possessive about the credibility of information as well as the ownership of literature....
2 Pages(500 words)Essay

Academic Dishonesty

... Academic Dishonesty The issues encompassing academic dishonesty have pervaded schools and universities for as long as 70 years back or as early as the 1940s (Etter, Cramer and Finn 134). With the onset of the technological developments accorded by the internet, the incidents of student cheating exhibited marked increases and different educators have delved into monitoring the prevalence of dishonesty by considering diverse factors such as gender, attitudes towards cheating, other demographic variables (GPAs, academic degrees, age and class standings), among others. In this regard, the aim of the current essay is to proffer pertinent issues affecting academic dishonesty, as a behavior that young people often choose to participate... in with...
3 Pages(750 words)Essay

Crime, the Media and the Law Policy

...? Crime, the media and the law policy number Crime, the media and the law policy Crime and the effects of the media on the investigation of it are highly important issues in the present age. There are many reasons for this and the consequences of it include adverse effects on the formulation of laws that may then not be enough to deal with violations of the peace and harmony of a place. In a democratic state, there are many factors that a government needs to take into consideration while handling a case and the response that they are likely to get from the people who form their vote base would form a major factor. This paper shall take...
6 Pages(1500 words)Research Paper

Business Crime

...". The study goes through each accusation and then through each section of the Theft Act 1968 to determine whether or not the named individual is guilty of theft and dishonesty. Business Crime--Christies Ltd 3 Before proceeding to the topic of Christies Ltd. and business crime, it is important to understand how and why the Theft Act 1968 came into existence. This Act was original for it was the first British legislation, which the dealings of criminal law accessible to all citizens and not just limited to attorneys. An article from bbc.co.uk (2001) tells this history: ...
7 Pages(1750 words)Case Study

Crime of murder/Criminal Law

...Running Head: CRIMINAL LAW Criminal Law of Criminal Law Section 187 of the California Penal Code 1873, defines murder as the "unlawful killing of a human being or a fetus with malice aforethought". According to this section, an act will constitute murder, if a person willfully and with malicious intent causes the death of another. Malice or intention specified in this section can be express or implied. Express malice is a deliberate intention in the mind of the person committing the act of taking another's life and implied malice is a situation where there is no provocation or reason for the accused committing the crime of murder. However, one point of importance is that...
4 Pages(1000 words)Essay

Acedemic Dishonesty

...Reflection I sincerely regret the decision that I made to turn in someone else's work as my own. I did so in a moment of panic, because I felt veryoverwhelmed with the amount of work I had to do, as well as the complexity of the assignment at hand. I also struggle a great deal with the amount of internal and external pressure I feel to succeed academically. When I had to choose between doing the right thing and turning in someone else's work, I made the wrong decision by letting the pressure to succeed get the best of me. I very much wish I could go back to that night to remind myself why I am here in the first place: to get an education and prepare myself for a meaningful career. When I submitted someone else's work... I sincerely...
2 Pages(500 words)Essay

Discuss plagiarism, academic dishonesty/misconduct

...Sociological Perspectives on Plagiarism Grade, Year Word Count: 1050 Sociological Perspectives on Plagiarism Introduction Plagiarism has turned to be one of the major issues in the current educational scenario. Students who commit this mistake ignore its negative impact on their lives as well as on the society. Despite the innovative detection methods and punitive measures, academic field is becoming more vulnerable to plagiarism. It tends one to be suspicious about the moral perception of the new generation- scholars and the integrity of the present day curriculum. In this paper I tend to discuss the various causes of plagiarism as well as the negative impacts of this academic deviance on society. Causes... Perspectives on...
4 Pages(1000 words)Research Paper

Financial Crime and the Law

...Financial Crime and the Law Part Introduction Banks and other financial intermediaries have been developing the credibility of the economic sector over the years within the global domain. With the essence of globalisation, there have been a huge amount of deviation within the mode of operations of the banks and likewise, the financial intermediation has changed rapidly in this recent time as compared to the earlier years. The increasing level of diversification within the financial instruments and changes within the system of operations backed by altered organisational set up have further acted as a catalyst for the banks to develop an intermingled nature of operations. Correspondingly, the changes have...
24 Pages(6000 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Dishonesty in the law of crime for FREE!

Contact Us