Criminal Law and Common Law defenses - Research Paper Example

Add to wishlist

Summary

Generally speaking, criminal law is designed to protect and vindicate public rights, while civil law is used to resolve private disputes (Davenport, 2008). Criminal law seeks to protect society as a whole…

Download full paper File format: .doc, available for editing

GRAB THE BEST PAPER91.1% of users find it useful

Read Text Preview

Subject: Miscellaneous
Type: Research Paper
Level: College
Pages: 7 (1750 words)
Downloads: 2
Author: alvahtowne

Extract of sample "Criminal Law and Common Law defenses"

Download file to see previous pages

For example a person who is legally injured can apply tort law to recover damages from the concerned person (the one who is ‘liable’ for the damages) (White, 2003). Tort law defines the legal injury and the conditions under which the doer (of the mistake) is held responsible for the injury caused (White, 2003). Tort laws are different from other laws. A tort is the violation of private rights, for example the rights to be safe and harmless from the actions of others. Anybody who is able to distinguish right and wrong can be charged for committing a crime.

In the matter of torts anybody under any age can be held liable for torts. Torts are intentional as well as unintentional. Normal crimes are punishable by the state. Torts however involve individual consequences; the injured person has got every right to act. Tort law is different from other laws; other laws are classified pursuant to their seriousness (White, 2003). Criminal justice system enforces criminal laws. Criminal justice system is nothing but a compilation of legal and social institutions that administer criminal law with respect to a set of already defined laws and regulations.

Criminal justice system upholds social control, maintains justice and enforces laws. The Criminal Justice System of all nations includes three components: law enforcement, courts and finally corrections. Criminal justice systems include several major subsystems, composed of one or more public institutions and their staffs: police and other law enforcement agencies; trial and appellate courts; prosecution and public defender offices; probation and parole agencies; custodial institutions ( jails, prisons, reformatories, halfway houses, etc.); and departments of corrections (responsible for some or all probation, parole, and custodial functions) (Cole and Smith, 2003).

All the three major components of the criminal justice system should

...Download file to see next pages Read More

Cite this document

APA
MLA
CHICAGO

(“Criminal Law and Common Law defenses Research Paper”, n.d.)
Retrieved from https://studentshare.org/miscellaneous/1567484-criminal-law-and-common-law-defenses

(Criminal Law and Common Law Defenses Research Paper)
https://studentshare.org/miscellaneous/1567484-criminal-law-and-common-law-defenses.

“Criminal Law and Common Law Defenses Research Paper”, n.d. https://studentshare.org/miscellaneous/1567484-criminal-law-and-common-law-defenses.

Cited: 0 times

CHECK THESE SAMPLES OF Criminal Law and Common Law defenses

Weapons, Personal Protection and Use of Force

The issuance of firearms license means that the states or federal government absolved from its first and foremost responsibility to maintain law and order in their administrative jurisdiction.... Personal protection as per US law is a complex right.... The provision of firearms to each and every citizen has shaken the faith and confidence of the citizens in the rule of law....

8 Pages (2000 words) Essay

Foundation of Criminal Law

The peer claimed innocence citing an averaging out of his expenditures, explaining that he had claimed these within what was allowed by the law.... ??1 Lord Hanningfield tried to defend himself on the grounds that the appropriation or his claims of expenditures were within the law, clearly trying to dispute the “dishonestly” element of theft as a crime.... In Section 2 (1)(a), it was stated that a person's appropriation is not regarded as dishonest “if he appropriates the property in the belief that he has in law the right to deprive the other of it, on behalf of himself or of a third person....

7 Pages (1750 words) Essay

Defense Principles in Murder and Manslaughter Cases

hellip; Hong Kong's common law defines lawful and unlawful cases of homicide.... The essay "Defense Principles in Murder and Manslaughter Cases" talks about the effectiveness operation of Hong Kong's criminal law in murder and manslaughter cases.... The paper also analyzes whether the law operates effectively and properly in this area of Hong Kong's law or whether any changes to the law are desirable to be applied....

4 Pages (1000 words) Essay

The Main Aspects of Criminal Law

Provocation was a common law defense which has been modified by s.... Cunningham1982 AC 566)(Smith & Hogan, 2006) The possible issues in the instance of Seema are possible criminal liability flowing from the death of Derek and the defenses which she might claim in reducing her criminal liability if proved....

6 Pages (1500 words) Case Study

Analysis and Evaluation of Defenses of Self-control

There are so many defenses available to the defendants in every aspect of criminal justice.... Thus, as the plaintiff struggle to gather evidence to come up with a valid case, the defendant should also find good defenses which can neutralize the case.... One of the common defenses that have existed in law is provocative defense.... For a plaintiff to successfully win a case leveled against the defendant, he must provide enough evidence as stipulated in order for the… It is not obvious that one can easily level a law suit against another person and easily win the case....

12 Pages (3000 words) Essay

Criminal Defenses and Criminal Punishments

The Castle Doctrine and “stand-your-ground” criminal defenses are the favorable defenses for individuals charged with murder cases.... Castle Doctrine is a communal law doctrine that state that a discrete person has no duty to flight when in his or her homegrown, or in his “castle,” and may use sensible strength, including lethal force, to defend his or her property, being, or other issues at hand.... Use of force is determined and measured by Supreme Court standards (Taylor &… Force is measured by determining the severity of the crime committed by the criminal....

4 Pages (1000 words) Term Paper

South Carolina's Criminal Defense

This report “South Carolina's Criminal Defense” intends to review some commonly used defenses available to the criminal justice attorney: the defense of insanity, incompetence to stand trial, entrapment, the defense of alibi, mistaken identity, and justifiable homicide, amongst others.... nbsp; Section 17-24-10 of the South Carolina criminal Code allows for the defense of insanity but places the burden upon the defense in order to prove that mental illness or insanity exists....

7 Pages (1750 words) Research Paper

Different Concepts of Crime

ertain kinds of conduct are acknowledged as crimes by the criminal law and the wider body of ordinary people.... Classification of crime may be based on diverse standards like the extent of punishment, by type, by common law, and mode of trial.... A crime is a wrong committed against an individual, society, and the state as defined in law and carries a punishment of fines, incarceration, and, in some instances death.... The author outlines the classification of crime, general concepts, and principles of criminal law, the concept of fault and responsibility, the process of defenses....

6 Pages (1500 words) Essay