Free

Law - Essay Example

Comments (0) Cite this document
Summary
Proportionality is used as a principle of law to indicate the fact that any punishment that is handed over to an offender, should be well in proportion to the offence that that individual has committed (Turner, 199). …
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER96.2% of users find it useful
Law
Read TextPreview

Extract of sample "Law"

Law Law Proportionality is used as a principle of law to indicate the fact that any punishment that is handed over to an offender, should be well in proportion to the offence that that individual has committed (Turner, 199). Thus, the punishment that an offender receives should be directly related to the severity of the offence committed. To decide whether any offence committed by an individual is proportional to the punishment that is given, then, three aspects of the offence and the punishment must be put into consideration. There should be a comparison between the nature of the offence given and the degree of how harsh the offence committed is (Lamb, 203). The punishment offered should be compared to the other punishments that have been handed previously to other offenders who have committed an offence of similar nature and magnitude. In this case, there should be a consideration as to whether other bigger crimes are subjected to the same magnitude of crime, or to a lower punishment. If bigger crimes have been awarded lower punishment, as compared to the offence committed by the offender, then the punishment is regarded as lacking proportionality (Turner, 211). However, under the international law, proportionality is applied to mean that the damage or harm caused to the civilians or their property in a military attack should not be excessive, and should tally with the military advantage anticipated. If any attack cause more harm to the civilians, more than is acceptable as per the anticipated military advantage, then the attack is observed to lack proportionality (Shamash, 20). Death penalty is a controversial issue in law, where there has been a long-term argument that it should be completely abolished as a form of punishment for any sought of offence or crime. Though still administered to the offenders committing crimes, which are so dire and severe, there are some exemptions. However, the exemptions differ from a country to another, based on their laws and legal principles. However, some exemptions are majorly common. There are circumstances under which some groups are exempted from a death penalty. The first of these groups are the severely mentally ill or severely mentally retarded individuals (Shamash, 23). This group is exempted from a death penalty, because any act of crime they commit may not be fully intended, but rather could be a consequence of their mental illnesses. Another group exempted from the death penalty is the juveniles or the minors who are below the age of 18 years (Turner, 234). Since the laws requires that less legal weight should be granted to an offence committed by an individual who is aged 18 years and below, as compared to the same crime being committed by an adult, then, the juveniles should be exempted from death penalties. Women who are pregnant during the time they commit a crime are exempted from a death penalty, until they have given birth to the child (Lamb, 217). The sixth amendment of the United States constitution provides the defendants with various rights, which serve to ensure that the defendants undergoes a free and fair trial, making the verdict offered based on the offences committed be acceptable even to the offenders themselves. This way, the amendment provides that the offenders shall have a right to a speedy trial, under an impartial jury with a right to an access to defense counsel (Turner, 256). Additionally, the provisions of the sixth amendment requires that the verdict or the judgment offered in any case should be based fundamentally on the facts of the offence that the offender admits to, or based on those facts of the offence that are proved beyond reasonable doubt (Lamb, 208). Additionally, the defendant should have witnesses who stand for his case, as well as the right to be informed the cause and the characteristics of the accusations waged against him (Shamash, 25). This amendment affected the sentencing provisions implementing the criminal sentences, through granting the defendants many rights, thus making the prosecution side have a rough time in establishing ground to have the offenders sentenced. This is because; the sentence offered by the jury is based on the facts, which are admitted either by the offender, or that has been proved beyond doubt in a court of law (Lamb, 219). With such advantages, as presenting witnesses in their favor and the right to legal defense and counsel offered to the defendants, then, the nature of sentencing criminals became a more complex issue. The amendments sought to eliminate hearsay in any legal determination and establish facts as the basis for sentencing offenders. Works Cited Lamb, Jonathan. The Muted Rise of the Silent Witness Rule in National Security Litigation. Pepperdine Law Review, 2008. 200-226. Print. Shamash, Esther. How much is Too Much? An Examination of the Principle of Proportionality. Israel Defense Forces Law Review, 2005. 20-26. Print. Turner, Jenia. Judicial Participation in Plea Negotiations: A Comparative View. The American Journal of Comparative Law, 2006. 199–267. Print. Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Law Essay Example | Topics and Well Written Essays - 500 words”, n.d.)
Law Essay Example | Topics and Well Written Essays - 500 words. Retrieved from https://studentshare.org/law/1451377-week
(Law Essay Example | Topics and Well Written Essays - 500 Words)
Law Essay Example | Topics and Well Written Essays - 500 Words. https://studentshare.org/law/1451377-week.
“Law Essay Example | Topics and Well Written Essays - 500 Words”, n.d. https://studentshare.org/law/1451377-week.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Law

Law

...? (a) Before the war, A had lent money to Cee Company. B now claims that it is en d to half of that money. B is en d to some amount of that money since at the time the contract was signed it was one country. However the amount of money it will receive is dependent on the location of Cee Company and whether its operations lie in country A, B or somewhere between the two. The motives behind the loan must also be assessed clearly in order to determine the objectives of the transaction. Just like the seceding state is obliged to pay its share of the national debt after the secession, it is also entitled to a fair share of the loan given to Cee Company. However the manner in which such transactions are to be handled often depends on the...
5 Pages(1250 words)Essay

Law

...? Section 4 Introduction Legal matters in business situations are very common nowadays. They tend to create a formal and commercial dealings between one another of which law is a major part. No business dealing can be made outside the scope of the law and the terms implied by law. In various business situations, negligence can occur because of which the business can be held vicariously liable. There are some principles of liability that are separately applied for the business situations (Harpwood, 2008, 201). Applying negligence and its defenses in different business situations: The elements of negligence are existence of a duty of care, the breach of that duty and reasonable damage...
15 Pages(3750 words)Essay

LAW

...?Essay questions I believe that in this case, the Court should rule in favour of Elin and reject Grapes & Vines Winery’s action. The contract concluded between the parties specified a deadline for performing the contractual obligations. It stated that the wine was to be delivered on or before May 1. Therefore, Grapes & Vines Winery could have delivered the wine anytime before May 1, as the contract did not limit their duty to perform only on May 1. However, they chose to do it in the last possible day – May 1. The fact that the delivery van was involved in an accident does not constitute an objective impediment to performing the contract (destruction of the subject matter of the contract cannot be used as an excuse in this case... questions I ...
1 Pages(250 words)Essay

Law

...., is primarily liable because under the agency law, the principal is liable for all the acts of the agent which are within the authority usually confided to an agent of that character, notwithstanding limitations, as between the principal and the agent, put upon that authority. The driver was acting within the authority confided to him by the principal when the accident happened. 6. Answer: As an independent contractor, the driver of the truck is primarily liable because the employer has no control how the work is done provided the result was delivered to him. 7. Answer. a. the plaintiffs can collect the entire judgment from either defendant 8. Answer: Punitive damages are in order in this case for this is a tort case of...
7 Pages(1750 words)Assignment

LAW

...Messrs Soil can prevent the Tom brothers and Salisbury’s from marketing their bags in by using the common law. They have been using the markfor a year and in fact have been successful in marketing the same in their trade. Being the first to manufacture and put into commercial circulation the tompot bag, they a have acquired trademark rights on it. Trademarks and service marks are words, names, symbols, or devices used by manufacturers of goods and providers of services to identify their goods and services, and to distinguish their goods and services from goods manufactured and sold by others (Radcliffe and Brinson, n.d.). Trademarks could be any combination of words, names or symbols that are used in commerce as brand...
7 Pages(1750 words)Essay

Law

...committed in a gravious manner if an individual or group cause severe injury to the others or the individual or group causes severe injury using a fatal weapon or deadly weapon (Chambliss 2011). Throughout, the law treated the threat of physical injury as assault while battery was considered the complete contact to cause harm. This version of the distinction is no longer valid as compared to the physical contact hence null and void. For Hilder to be taken to the hospital after being hit by the husband with a chair leg by the husband Billy is a clear example of Assault or battery to mention. The act is worsened when Billy further exposes their violent acts to the public through putting a slap on the face of the nurse,...
8 Pages(2000 words)Essay

Company Law - English law

...(a) It was established in Salomon v A Salomon & Co [1897 that 'The company is at law a different person altogether from the subscribers. Nor aresubscribers as members liable, in any shape or form, except to the extent and in the manner provided by the [Companies] Act.'2 It is a general principle of English law that it is not possible in the absence of agency, a trust relationship or wrongful trading to hold one person liable for the debts of another.3 However, like most common law principles and judicial interpretations it is a rebuttable presumption which must give way to a statement to the contrary 'in clear and unequivocal language'4 by Parliament. Under its equitable discretion the...
10 Pages(2500 words)Case Study

Law

...Question In our problem Idyllic Hotels agreed to pay, Budget Builders an additional amount £125,000 for completion of the work in time since the latter was beset with financial difficulties. According, to the doctrine of promissory estoppel, Idyllic Hotels cannot deny the extra payment. The following case law discusses the doctrine of promissory estoppel. In Williams v Roffey it was held that if a party to a contract, subsequently, agreed to pay an extra amount to the other party, so that the other party performs his contractual obligations, then that agreement is binding if the party offering the extra amount obtains some new practical advantage or if he has avoided a disadvantage.1 Similarly, in CTN Cash and Carry...
3 Pages(750 words)Essay

Law

...TABLE OF CONTENTS SL. NO. Page No Introduction 2-3 1 International Petroleum Agreements 3-4 2 IPAs and Environmental Pollution 4-5 2 ExxonMobil Corp. Violates The Clean Air Act 5-6 2.1 Shell Group to Install Anti – Pollution Equipment 6-7 3 Observations 7-8 3.1 Oil Sector of Libya and Environmental Laws 9 3.2 BP Deploys Oil Spill Minimization System 10 4 Oil Spill is a Worldwide Issue 11-12 5 Conclusion 12-13 Sources 14 INTERNATIONAL PETROLEUM AGREEMENTS and the Environmental Clause 1. Introduction Since times immemorial human beings have been relentlessly finding ways of obtaining various resources from nature that not just address their vital needs, but also promise financial prosperity. These activities of mankind...
10 Pages(2500 words)Research Paper

SCOTS LAW - commercial law

...Scots Law - Commercial Law al Affiliation) Scots Law - Commercial Law: Might the regime governing a buyer’s remedies for defective goods be improved? Scots law is the jurisprudence of the inhabitant of Scotland. Scotland though is part of the United Kingdom; its legal system is autonomous. It has its own laws with courts. The law of Scotland originates from a large number of sources; laws in Scotland are totally different from those of other parts of the United Kingdom. The varied sources from which this law originates include; Legal principles and the Roman law Scots...
5 Pages(1250 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 Law for FREE!

Contact Us