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The two purposes can be broadly described as legal and social in nature. With regard to the legal angle, the purpose of criminal law is to protect and punish. The law empowers enforcement agencies and even citizens the right to protect individuals and the society. It also empowers the judiciary to punish persons proved to indulge in acts of crime. There are also those who feel that criminal law (or any statute for that matter) acts as a deterrent and will help in teaching social boundaries. Punishment for negligent or rash driving can be stated as an example.
The two main functions of criminal law is given here which is based on protection against criminal activities. Protection is for both individuals and the society as a whole, which are deemed as functions of criminal law. Experts feel that the part of protecting individuals is clearly understood, but in the case of collective protection, the concept is more complex. An example, as provided by Gaines and Miller will make the point clear. A fire retardant (protected) mattress is sold to a hotel without washing instructions. The employees (unknowingly) wash the mattress in a manner that lessens such properties, and a guest starts a major fire by falling asleep with a lit cigarette. This act of not providing a label with washing instructions can be considered to be a criminally negligent act under the Flammable Fabrics Act. It may be difficult to differentiate between functions and purpose of criminal law. But reference to literature provides the above mentioned outlook on the two aspects (functions and purpose) of criminal law.
Members of the US society, collectively and individually can take recourse to a number of written statutes and laws in order to avail protection and justice from criminal activities. They include the American common law, state criminal codes, municipal ordinances, state and
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The classic definition of murder is attributed to Coke can be summarized as “murder is when a man of sound memory and of the age of discretion, unlawfully kills within any country of the realm any reasonable creature in rerum natural order the Queen’s peace, with malice aforethought, either expressed by the party, or implied by the law, so as the party wounded, or hurt etc.
The author of the paper stresses that when Claire disagrees with Tony or wants to do something on her own without his permission he loses his temper and shouts and screams at her and both threatens to be and is physically violent to her. Moreover, sometimes his violence takes the form of sexual assault – which he says is just his right as a husband.
Mens rea elements is often tested on the basis of the assessment as to the individual that has been accused actually had any foresight in relation to the prohibited consequences as well as the desire to ensure that the consequences eventually occurred (Gorr & Sterling, 1992, p 18).
case talks about James Stevenson who was an IT manager liable of stealing 17 million Necta points was found guilty and jailed for 20 years. According to the United Kingdom Federal Law addressing the concept of theft, it was very right to take that legal action because Mr. Stevenson served the IT Company with self-centeredness, where he never minded about the firm or the involved parties.
This act in itself is criminal since it was meant to destroy other people’s properties. He also intended to perform this criminal activity, bearing in mind that he was in his right mind at the time of planning and executing. The article identified the issue accurately owing to the fact that it was stated that, ‘he was guilty of manslaughter and about eight charges of destruction of properties.
The article does identify the issue accurately and clearly, but mostly focuses on the fact that the offender wore various disguises in order to perpetuate his robberies. I believe that the main issue in this case is the robbery itself including the wearing of the disguises.
Procedural laws can be exemplified by such laws as the ones pertaining to rights of citizens. This ensures that the jury makes staunch decisions after following the procedural laws. Substantive law has its roots from the traditions set by different
whether the accused is culpable for the death of Victoria or whether the act of the police officers to arrest him, and hold him for more than 24 hours while the deceased was in the compartment is to blame or in way excused culpability for her death from him as an intervening
Civil law delineates the confidential legal relations within the judicial system that only relates to community members issues and not those of religion, military, and criminal affairs. Case law has historical dating to the codes
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